FOX AND MANDAL Vs. SOMABRATA MANDAL

JUDGEMENT

(1.) The defendant no.1 has filed the present application being G.A. (Com) No. 6 of 2024 in C.S. (Com) No. 408 of 2024 (Old No. CS 178 of 2022) praying for dismissal of the suit, to vacate all orders passed therein and in the alternative to return the plaint.

(2.) Mr. Indranil Munshi, Learned Advocate representing defendant no.1 submits that the suit filed by the plaintiff does not discloses cause of action against the defendant no. 1. He submits that the averments made in paragraph 28 of the plaint are fictitious and no case is made out for dispensation of Pre-Institution Mediation process. Mr. Munshi relied upon the judgment in the case of Patil Automation Private Limited and Others Vs. Rakheja Engineers Private Limited reported in 2022 SCC OnLine SC 1028 and submitted that this Court if find no case is made out for dispensation of Sec. 12A of the Commercial Courts Act, 2015, this Court suo moto can revoke the dispensation granted by this Court.

(3.) Mr. Munshi further relied upon the judgment in the case of Yamini Manohar Vs. T.K.D. Keerthi reported in (2024) 5 SCC 815 and submitted that the plaintiff does not have any absolute choice and right to bypass the mandatory provisions under Scetion 12A of the Commercial Courts Act, 2015 only by making a prayer for urgent interim relief.