IMPERIAL TUBES PVT. LTD. Vs. RAMESH CO.

JUDGEMENT

(1.) The Court : This appeal is directed against an order dated 16th January, 2020 in connection with an application filed under Order 12 Rule 6 of the Code of Civil Procedure for judgment upon admission based on confirmation of three accounts dated 1st April, 2016, 1st April, 2017 and 1st April, 2018. The learned Single Judge has allowed the application for judgment upon admission on a finding that the accounts were signed by the parties, the entries in the confirmation of accounts are not in dispute and what is being disputed is the quality of supplies effected by the plaintiff. The contention of the defendant that supplies were of inferior quality and, therefore, the defendant suffered losses and since the losses are yet to be adjudicated, the application for judgment upon admission cannot succeed also did not find favour with the learned Single judge.

(2.) Mr. Jay Saha, learned Senior Advocate for the appellant, on video conference, has raised a preliminary objection with regard to the jurisdiction of the Court to pass a decree in view of Section 12A of the Commercial Courts Act, 2015. It is submitted that upon inspection of the plaint, it had transpired that leave was obtained from the learned Master and not from the Hon'ble Court having determination, as mandated. In this regard, Mr. Saha has relied upon an unreported decision of the Madras High Court passed in Civil Miscellaneous Appeal No.137 and 138 of 2020 and CMP No.936 of 2020 (Mr. Bramanath Subramanian vs. Mr. S.A. Chandrasekaran) to show that leave under Section 12A is mandatory failing which the suit is liable to be dismissed and such leave can only be granted by the Court. He further relies on a decision of this Court reported in (1907)ILR 34Cal619 (Laliteshwar Singh vs. Rameshwar Singh) for the proposition that learned Master has no jurisdiction to grant such leave under Clause 12 of the Letters Patent.

(3.) The facts that emerge from the pleadings before us with regard to leave are that the plaint was present before the learned Master on 21st November, 2019 and the learned Master has given leave to institute the suit upon granting dispensation under Clause 12A of the Commercial Courts Act, 2015. In the affidavit-in-opposition filed before the learned Single Judge in paragraph 12, the respondent has urged that no request was made to the respondent for any meeting for amicable settlement and there has been non- compliance of Section 12A of the Commercial Courts Act, 2015.