PERFECTO ELECTRICALS Vs. RAIL VIKAS NIGAM LIMITED

JUDGEMENT

(1.) The defendant no. 2 has filed the present application being G.A. No. 2 of 2023 praying for revocation of leave granted for dispensation of requirement of Sec. 12A of the Commercial Courts Act, 2015 and for rejection of plaint.

(2.) Mr. Debraj Sahu, Learned Advocate representing the defendant no.2 submits that solely on the basis of the averments made in paragraph 78 of the plaint, the plaintiffs have obtained leave for dispensation of the provisions of Sec. 12A of the Commercial Courts Act, 2015. He submits that the plaintiffs have prayed for dispensation on the ground that mediation or settlement in the matter had failed and there was no further scope for mediation and that the defendant no.1 had already terminated the agreement and invoked the bank guarantee and received payment of the same and there is no scope for mediation/ settlement. He further submits that the plaintiffs also alleged that there are several insolvency cases and proceedings have been filed by various parties against the defendant no.2.

(3.) Mr. Sahu submits that the defendant no. 2 only after filing of the application for rejection of plaint and revocation of leave, the plaintiffs have filed an application for grant of interim relief. He submits that the plaintiffs have obtained leave for dispensation for compliance of requirements of Sec. 12A of the Commercial Courts Act, 2015 upon misrepresentation.