RENEWFLEX RECYCLING vs FACILITATION CENTRE ROHINI COURTS & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 17.02.2025 Judgment delivered on: 19.02.2025 + W.P.(C) 2039/2025 & CM APPL. 9604/2025 RENEWFLEX RECYCLING ...Petitioner versus FACILITATION CENTRE ROHINI COURTS & ORS ...Respondents Advocates who appeared in this case: For the Petitioner : Mr. Mukul Sharma, Advocate. For the Respondents : Mr. Sameer Vashisht, SC (Civil), GNCTD with Ms. Harshita Nathrani, Advocate for R-1 and R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT TUSHAR RAO GEDELA, J. 1. Present writ petition has been filed under Article 226 of the Constitution of India, 1950 seeking, inter alia, the following prayers:- “a) Issue a writ of mandamus or any other appropriate writ, direction, setting aside the impugned remarks/decision dated 14- 01-2025, made by Respondent No. 1 (Annexure- P3) under the provisions of the Commercial Courts Act, 2015; b) Declare that the bona-fide mediation request dated 24/12/24, sent by the Petitioner to Respondent No. 2, be considered under the procedural requirements under Section 12A of the Commercial Courts Act, 2015, (“Pre-Institution Mediation and Settlement.-- (1) Signature Not Verified W.P.(C) 2039/2025 Digitally Signed By:MADHU SARDANA Page 1 of 8 Signing Date:19.02.2025 18:36:32 A suit, which does not contemplate any urgent interim relief… … … … … .), particularly in view of the non-response by the Respondent No. 2; c) Direct Respondents No. 3 and No. 4 to take appropriate measures to ensure that bona fide pre-institution mediation efforts by litigants must be recognised U/S .12A of the commercial court Act. d) Grant such further or alternative relief as this Hon’ble Court May deem fit and proper in the interest of justice, equity, and good conscience, including, withou