Jk Tyres And Industries Limited v. Ifci Limited

$~O-27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 275/2025, I.A. 8107/2025 & I.A. 8106/2025 JK TYRES AND INDUSTRIES LIMITED .....Plaintiff Through:

Mr. Jayant Mehta, Sr. Adv. with Mr.

Manu Nair, Mr. Manik and mr. Aryan Roy, Advs.

versus IFCI LIMITED .....Defendant Through:

Mr. Rohit Bharadwaj and Mr. Shiv Nath Sawhney, Advs.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 28.03.2025 I.A. 8108/2025 (filed on behalf of the plaintiff seeking permission to amend court fees) 1.

Mr. Jayant Mehta, learned senior counsel appearing for the plaintiff submits that the instant application has been filed as an abundant caution. 2.

The Court, therefore, disposes of the said application to amend the court fees if so necessitated during the trial. 3.

Application stands disposed of.

CS(COMM) 275/2025, I.A. 8107/2025 & I.A. 8106/2025 4.

Heard Mr. Jayant Mehta, learned senior counsel appearing for the plaintiff. He fairly submits that procedural requirement under Section 12A of the Commercial Courts Act, 2015 (the Act) has not been resorted to in the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2025 at 12:29:07

instant case under the bona fide belief that there is an overlapping dispute pending with respect to the cause raised herein. 5.

The Court, however, is of the considered opinion that the same cannot be the reason not to take recourse of pre-mediation as mandated under Section 12A of the Act.

6.

In view of the aforesaid, the Court deems it appropriate to allow Mr. Mehta to withdraw the instant suit with the liberty to file afresh after taking recourse of pre-meditation as mandated under Section 12A of the Act. 7.

Since the suit is at its nascent stage, therefore, the Court deems it appropriate to direct for return of the entire court fee or to allow the equitable set-off, if the plaintiff has to file a fresh civil suit. 8.

The instant suit stands dismissed as withdrawn with liberty to file afresh if cause survives.

9.

With consent and to avoid any further delay in the mediation process, the parties undertake to appear before the Delhi High Court Mediation and Conciliation Centre on 09.04.2025.

PURUSHAINDRA KUMAR KAURAV, J MARCH 28, 2025/P/MJO Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/04/2025 at 12:29:07