PANKAJ RASTOGI Vs. MOHD SAZID

JUDGEMENT

(1.) This is a first appeal against an order dated October 31, 2023, wherein the application filed by the respondents/defendants under Order VII Rule 11 read with Sec. 151 of the Civil Procedure Code, 1908 in Original Suit No.15 of 2023 was allowed and the plaint filed by the appellant/plaintiff was rejected.

(2.) Upon perusal of the impugned order, it appears that the trial court enquired into the earlier factual matrix of the case and indicated that earlier a suit being Original Suit No.4 of 2022 was filed by the appellant without any application made for any urgent interim relief. Subsequently, the applicant sought to withdraw the said suit by way of making an application. The applicant also sought liberty to file a fresh suit. The said suit was allowed to be withdrawn vide order dated January 3, 2023.

(3.) Thereafter, second suit being Suit No.15 of 2023 was filed by the appellant along with an application seeking urgent interim relief. It was noted by the trial court that in the first suit, no prayer for grant of urgent interim relief was made by the appellant. Therefore, the trial court concluded that the prayer made for urgent interim relief is "imaginary" and Sec. 12A of the Commercial Courts Act, 2015 (hereinafter referred to as the 'Act'), which mandates pre-litigation mediation, could not have been bypassed.