Easy access to justice is not a license to misuse it by filing misconceived or frivolous petitions: Calcutta High Court.
The Judgment in the case of Ramesh Co vs Imperial Tubes Private Limited (I.A. No. G.A. 3 of 2021) was served by THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA.
FACTS OF THE CASE:
The applicant / judgment-debtor who is the defendant in the suit, seeks recalling of two orders passed by the learned Master granting leave under section 12-A of The Commercial Courts Act, 2015 and leave to the plaintiff to amend the plaint, respectively. Section 12-A of the 2015 Act – Pre-Institution Mediation and Settlement – provides that a suit which does not contemplate any urgent interim relief, shall not be instituted unless the plaintiff exhausts the remedy of pre- institution mediation under the prescribed rules. The issue, which falls for consideration is whether the Master, under the Original Side Rules of this Court, has the power to grant leave under section 12-A of The Commercial Courts Act, 2015 in a suit instituted under the Commercial Division of a High Court. The Master allowed the plaintiff to amend the plaint on 09.01.2020. A learned Single Judge passed a decree in favour of the plaintiff on 16.01.2020 in an application filed under Order XII Rule 6 of The Code of Civil Procedure, 1908. In February, 2020, the defendant came to learn of the fact of leave being granted by the Master under section 12- A of the 2015 Act. The defendant challenged the decree before a Division Bench and was permitted to withdraw the appeal with leave to file a review on 01.07.2020. The review, filed by the defendant, of the judgment and decree dated 16.01.2020 was dismissed by the learned Single Judge on 11.02.2021. A Special Leave Petition filed by the defendant challenging the decree dated 16.01.2020 and the order dismissing the review dated 11.02.2021 was disposed of as withdrawn on 16.07.2021.
JUDGEMENT:
In view of the facts, Circumstances and arguments advanced by the parties, the Court does not find any merit in the present application for recalling the orders passed by the Master and G.A. – 3 of 2021 is accordingly dismissed without any orders as to costs. Urgent Photostat certified copies of this judgment, if applied for, be supplied to the respective parties upon fulfillment of requisite formalities.
JUDGEMENT REVIEWED BY AKANKSHA.