FACTS :
1. The plaintiffs claim to have sold and delivered materials to the
defendants. The first defendant is the unregistered partnership
firm and rest are the partners. The suit has been filed for recovery
of price of goods sold and delivered by the plaintiffs to the
defendants. On the basis of the averments made in paragraph 55
onwards of the plaint, the plaintiffs contemplate an urgent
interim relief and therefore prays for dispensation of the
formalities under Section 12A of the Commercial Courts Act,
2015 (for short “CC Act”) for not travelling to the pre-litigation
mediation.
SUBMISSIONS:
2. After placing the averments made in the plaint contemplating
urgency, Mr. Nirmalya Dasgupta, learned Advocate appearing for
the plaintiff has placed reliance on the Division Bench judgment
of this Hon’ble Court In the matter of : “Shristi Infrastructure
Development Corporation Limited Vs. Sarga Hotel Private
Limited and Another reported at 2024 SCC OnLine Cal
7817”.
