2026 (8) TMI 910

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....iled a Commercial Suit (C.O.S.SR. No.1246 of 2026) for recovery of money i.e. Rs.35,86,883/- from the respondents/defendants. Along with the Commercial Suit, the petitioner/plaintiff filed an Interlocutory Application (I.A. No.292 of 2026 in CIA.SR. No.1247 of 2026 in C.O.S.SR. No.1246 of 2026) under section 12A of The Commercial Courts Act, 2015 ('CCA'), seeking for exemption from undergoing the mandatory process of pre-institution mediation as provided under the CCA. By the impugned Docket Order dated 28.02.2026, the Commercial Court dismissed the Application. 3. It is relevant to note that when this Civil Revision Petition was listed before this Bench (sitting in a different combination) on 10.04.2026, a Notice was issued to the respo....

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.... 5. The only argument made on behalf of the respondents is that the petitioner failed to file an Application for referring the parties to mediation under section 12A of the CCA. This argument is contrary to the very purpose of seeking an exemption from the mandate of section 12A of the CCA which a plaintiff does when intending to proceed with the Commercial Suit on the ground that the Suit requires urgent interim relief. Hence, the question of the plaintiff filing an Application for referring the parties to mediation under section 12A of the CCA, does not arise. Neither the CCA nor the Rules framed thereunder contemplate the filing of any such Application by the plaintiff/petitioner at the time of instituting a Commercial Suit particular....

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....r section 12A of the CCA and the requirement of the petitioner/plaintiff to satisfy existence of certain conditions as contemplated under Order XXXVIII Rule 5 of The Code of Civil Procedure, 1908 ('CPC'). The Commercial Court leaned heavily towards the latter and found that the petitioner/plaintiff had failed to produce evidence showing that the respondents/defendants were attempting to flee from the jurisdiction. Even if we accept the Commercial Court's reasoning regarding the lack of evidence of the respondents/defendants fleeing from the jurisdiction, a third party affidavit of Mr. Md. Naser Khan filed by the petitioner/plaintiff on 25.02.2026, inter alia, states that the respondents are attempting to move out of the jurisdiction. The af....