Supreme Court of India
M/s Dhanbad Fuels Private Limited v. Union of India & Anr
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that when a plaint is filed under the CC Act, with a prayer for an urgent interim relief, the commercial court should examine the nature and the subject-matter of the suit, the cause of action, and the prayer for interim relief.
Judgment, page 31
From the headnote
Issue for Consideration Issue arose whether, due to non-compliance with s.12A of the Commercial Courts Act, 2015, a suit should be dismissed u/Ord. VII r.11 CPC, or whether it should be kept in abeyance, directing the parties to first explore the possibility of settlement by instituting mediation; and whether the High Court erred in passing the impugned order, keeping the suit in abeyance and sending the parties to mediation as per the PIMS Rules and the 2020 SOP. Headnotes† Commercial Courts Act, 2015 – s.12A – Pre-institution mediation and settlement – Pre-institution mediation, if
Authorities it was built on
- 2017 Madanuri Sri Rama Chandra Murthy v. Syed Jalal
- 2005 Popat and Kotecha Property v. State Bank of India Staff Association
- 2005 M/s. U.P.S.R.T.C. v. Imtiaz Hussain
- 1987 Raj Kumar Dey and Others v. Tarapada Dey and Others
- 2018 Madiraju Venkata Ramana Raju v. Peddireddigari Ramachandra Reddy & Ors.
- 2022 M/s. Patil Automation Private Limited and Ors. v. Rakheja Engineers Private Limited
- 1990 Smt. Patasibai & Ors. v. Ratanlal
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.