DIPTI CO OPERATIVE HOUSING SOCIETY LIMITED vs BUILDCON SETHIA CONSTRUCTION

1. This application is filed by the defendant under Order VII Rule 11 of the Civil Procedure Code, 1908 (‘CPC’), praying to reject the plaint under clause (d) of Order VII Rule 11 of the CPC on the ground that the suit filed without following the mandatory Page no. 1 of 16 44-ial-28008-2025.doc requirement under Section 12A of the Commercial Courts Act, 2015 (‘said Act’) deserves to be rejected. It is the objection on behalf of the defendant that the suit does not contemplate any urgent interim relief. Thus, in view of the well-settled legal principles, the plaint deserves to be rejected for non-compliance with Section 12A of the said Act. SUBMISSIONS ON BEHALF OF THE DEFENDANT: 2. Learned senior counsel for the defendant relies upon the relevant paragraphs in the plaint and submits that the redevelopment agreement in favour of the plaintiff was terminated by legal notice dated 1st April 2025. The suit to challenge the termination is filed on 10th July 2025. The plaint does not reveal that, according to the plaintiff, any urgent interim relief is contemplated. Even the interim application seeking urgent relief was filed only on 1st August 2025. According to the plaintiff, if any ur