THE 

COURT OF DISTRICT JUDGE 
(COMMERCIAL COURT­01), 
SOUTH­EAST, SAKET COURTS, NEW DELHI

Presiding Officer: Sh. UMED SINGH GREWAL

CS (Comm) No 592/19

Brand Protectors India Pvt. Ltd.    .....Plaintiff

Vs.

Kent RO Systems Ltd              .........Defendant
ORDER 
1.   This order shall decide an application of the defendant
under Order VII Rule 11 CPC.

2. Background of the application is ordinary suit for

recovery of Rs. 3,87,874/-.

3. Learned counsel for defendant argued that as per Section

12 A of Commercial Courts Act, 2015, no suit can be instituted
without exhausting the remedy of pre institution mediation, unless
any urgent interim relief has been claimed. He further submitted that
in the case in hand, no application for urgent relief was filed by the
plaintiff and hence, the plaint be rejected u/o VII Rule 11 CPC in
view of “ M/s Patil Automation Private Limited And Ors. Vs.
Rakheja Engineers Private Ltd, decided on 17.08.2022, as the

Case No 529/19 Brand Protectors India Pvt Ltd Vs. Kent RO Systems Ltd Page 1 of 3

provisions of Section 12 A of the Commercial Courts Act, 2015 have
been declared mandatory in nature.
On the other hand, learned counsel for plaintiff argued
that the suit was filed as an ordinary suit in ordinary civil court where
it remained pending for three years. It has been transferred to this
Commercial Court by that ordinary civil court on 30.08.2022. The
counsel next argued that as the case was not filed as commercial suit,
provisions of Section 12 A of the Act are not applicable.

4. The suit was filed in the ordinary civil court on

16.07.2019 and it was transferred to this court on 30.08.2022. In the
meantime, the defendant had filed written statement belatedly and the
same was allowed to be taken on record vide order dated 30.11.2021,
even though the observation of the court was that the defendant had
failed to explain the delay sufficiently. So, till the stage of taking on
record the written statement, the defendant took benefit of the
procedure described under Civil Procedure Code, 1908. After taking
on record its written statement, the defendant became aggressive and
in order to take benefit of the stringent provisions of the Commercial
Courts Act, 2015, it moved an application u/o VII Rule 11 CPC.

It is the admitted fact that the suit was instituted as an

ordinary civil suit before the ordinary civil court. It remained pending
for three years in that court. Section 12 A of the Act comes into play
when a suit is instituted as a commercial suit before a commercial
court. Due to that reason, the application u/o VII Rule 11 CPC is

Case No 529/19 Brand Protectors India Pvt Ltd Vs. Kent RO Systems Ltd Page 2 of 3

dismissed.
Announced in Open Court
on 13.09 .2022 (UMED SINGH GREWAL)
   District Judge (Commercial Court) 
South East/Saket Courts, New Delhi 

Case No 529/19 Brand Protectors India Pvt Ltd Vs. Kent RO Systems Ltd Page 3 of 3