Transfer-pricing benchmarking and capital-receipt principles sustained taxpayer relief, while unsupported property-advance write-offs remained disallo...
Pre-existing operational debt disputes require genuine evidence, while undirected running-account payments may be appropriated on a first-in-first-out...
Agency in CNG distribution makes outlet operators commission agents, rendering taxable Business Auxiliary Service rather than purchasing goods for res...
Pre-institution mediation under Section 12A is mandatory for...
Urgent interim relief exception permits commercial suit without pre-institution mediation where immediate disclosure and asset protection are genuinely required.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Pre-institution mediation under Section 12A is mandatory for commercial suits that do not contemplate urgent interim relief. Whether the exception applies must be assessed from the plaintiff's standpoint, considering the suit's nature, cause of action and pleaded need for immediate protection; an unfounded urgency plea cannot bypass mediation. Urgent relief was genuinely contemplated where the suit sought investor recovery, earlier disclosures were inadequate, and ad-interim disclosure and asset-protection measures had already been granted despite existing regulatory restraints. The subsequent delay objection failed because investor claims had to be received before institution. Pre-institution mediation was therefore not a condition precedent, and rejection of the plaint under Order VII Rule 11 was unwarranted.
Pre-institution mediation under Section 12A is mandatory for commercial suits that do not contemplate urgent interim relief. Whether the exception applies must be assessed from the plaintiff's standpoint, considering the suit's nature, cause of action and pleaded need for immediate protection; an unfounded urgency plea cannot bypass mediation. Urgent relief was genuinely contemplated where the suit sought investor recovery, earlier disclosures were inadequate, and ad-interim disclosure and asset-protection measures had already been granted despite existing regulatory restraints. The subsequent delay objection failed because investor claims had to be received before institution. Pre-institution mediation was therefore not a condition precedent, and rejection of the plaint under Order VII Rule 11 was unwarranted.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
