M/S Padma Polymers v. M/S Super Iron Foundry Private Limited And ORS

OCD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM/458/2024 [Old No. CS/17/2023] M/S PADMA POLYMERS -VSM/S SUPER IRON FOUNDRY PRIVATE LIMITED AND ORS

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : December 17, 2024.

Appearance:

Mr. Arindam Kundu, Adv.

Mr. Aniket Nanda, Adv.

...for the plaintiff The Court: Mr. Arindam Kundu, learned counsel, is appearing for the plaintiff.

It is found from the record that the suit is filed on 21st January, 2023 but till date the plaint has not been presented for admission. Counsel for the plaintiff submits that the suit filed by the plaintiff is commercial in nature but the plaintiff has not invoked the provision of 12A of the Commercial Courts Act for institution of pre-mediation process. Accordingly, the plaintiff prays for leave to initiate pre-mediation process.

Accordingly, plaint is returned to the plaintiff with liberty to initiate pre-mediation process and if occasion arises, the plaintiff is at liberty to file the suit after completion of the mediation process. The suit being CS-COM/458/2024 [Old No. CS/17/2023] be treated as disposed of.

(KRISHNA RAO, J.) sp3