Curewin Pharmaceuticals Pvt. Ltd. vs. Curewin Hylico Pharma Pvt. Ltd.

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MA, 1269 of 2021, Judgment Date: Jul 01, 2021

Law laid down -

1) Section 12-A of Commercial Courts Act, 2015 - The provision is clear and unambiguous that a suit which is not pregnant with any such interim relief under the act cannot be instituted unless the plaintiff exhausts the remedy of pre-institutional mediation (para no.11).

2) Section 12-A of Commercial Courts Act, 2015 - The purpose of insertion of section 12-A is to encourage the parties to try and resolve their disputes amicably in mediation process. But Commercial Court Act is a procedural law. The procedural law prescribes procedure to facilitate the justice. It should not be construed in manner to strangulate the litigant on hyper technical grounds.

3) Cause of Action - The cause of action is held to be “bundle of facts”. The Court needs to examine and ascertain the material which became basis for the cause of action.

4) Practice and Procedure - The commercial Court was under an obligation to examine the plaint averments and documents meticulously in order to examine whether a cause of action which shows urgency for interim relief is available or not. Non-suiting a litigant has a drastic effect on his business. The commercial Court must examine the plaint averments and documents with accuracy and precision. Since certain relevant pleadings of plaint and documents has escaped notice of commercial Court without expressing any opinion on the merits, the matter is remitted back to said Court.

Curewin Pharmaceuticals Pvt. Ltd. vs. Curewin Hylico Pharma Pvt. Ltd.