SRIGOPAL YARN TRADING PRIVATE LIMITED Vs. MAHALAXMI ENTERPRISE

JUDGEMENT

(1.) The plaintiffs claim to have sold and delivered materials to the defendants. The first defendant is the unregistered partnership firm and rest are the partners. The suit has been filed for recovery of price of goods sold and delivered by the plaintiffs to the defendants. On the basis of the averments made in paragraph 55 onwards of the plaint, the plaintiffs contemplate an urgent interim relief and therefore prays for dispensation of the formalities under Sec. 12A of the Commercial Courts Act, 2015 (for short "CC Act") for not travelling to the pre-litigation mediation.

(2.) After placing the averments made in the plaint contemplating urgency, Mr. Nirmalya Dasgupta, learned Advocate appearing for the plaintiff has placed reliance on the Division Bench judgment of this Hon'ble Court In the matter of : "Shristi Infrastructure Development Corporation Limited Vs. Sarga Hotel Private Limited and Another reported at 2024 SCC OnLine Cal 7817".

(3.) He has also placed reliance on a judgment of this Court dated November 7, 2025 In the matter of : "Berger Paints India Limited vs. GPHP Holdings Pvt. Ltd." rendered in IA No. GA- COM/3/2025 in CS-COM/48/2025.