Supreme Court of India
Mitc Rolling Mills Private Limited and Anr. v. M/s Renuka Realtors and Ors.
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What the Court ordered
We are of the view that the same is clearly distinguishable, and the ratio thereof has no applicability to the present situation because, in the said case, the order under challenge was one rejecting the application moved under Order VII Rule 10 or under Order VII Rule 11(d) of the CPC. Paragraph No. 17, relied upon by the respondents for canvassing their submission, reads as under : “.
Judgment, page 8
From the headnote
Issue for Consideration Whether an order rejecting the plaint u/Or.VII r.11 of the CPC is appealable u/s.13(1A) of the Commercial Courts Act, 2015. Headnotes† Commercial Courts Act, 2015 – s.13(1A) – Code of Civil Procedure, 1908 – Or.VII r.11; s.2(2) – Appellant filed Commercial Suit for recovery of Rs.2.5 Crores – Respondents sought rejection of the plaint on the ground that the appellant had not undertaken the mandatory Pre-Institution Mediation and Settlement as contemplated under the CC Act – Plaint rejected by trial Court – Appellant filed appeal u/s.13(1A) – Dismissed by High Court as
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