RAMESH CO Vs. IMPERIAL TUBES PRIVATE LIMITED

JUDGEMENT

(1.) The applicant / judgment-debtor who is the defendant in the suit, seeks recalling of two orders passed by the learned Master granting leave under sec. 12-A of The Commercial Courts Act, 2015 and leave to the plaintiff to amend the plaint, respectively. Sec. 12-A of the 2015 Act - Pre-Institution Mediation and Settlement - provides that a suit which does not contemplate any urgent interim relief, shall not be instituted unless the plaintiff exhausts the remedy of preinstitution mediation under the prescribed rules.

(2.) The issue, which falls for consideration is whether the Master, under the Original Side Rules of this Court, has the power to grant leave under sec. 12-A of The Commercial Courts Act, 2015 in a suit instituted under the Commercial Division of a High Court. The series of events, as contended by the parties, are as follows:

(3.) The plaint was admitted by the Master on 28/11/2019 and leave was granted by the Master under sec. 12-A of the 2015 Act.