DEBANGSU BASAK,J. - (1.) Two applications have been heard analogously as they relate to the same suit. By IA No. GA 7 of 2021. The defendant Nos. 1 and 2 have applied for rejection of the plaint and revocation of leave granted under clause 12 of the Letters Patent, 1865 and for other reliefs. By IA No. GA 6 of 2020 the plaintiff has sought leave to dispense with pre-institution mediation under Section 12A of the Commercial Courts Act, 2015.
(2.) Learned advocate appearing for the defendant Nos. 1 and 2 has submitted that, the suit should be dismissed on the ground of non-compliance with the provisions of Section 12A of the Commercial Courts Act, 2015, failure to lodge fresh writ of summons after amendment and for non-service of the notice under Section 80 of the Code of Civil Procedure, 1908.
(3.) Learned advocate appearing for the defendant Nos. 1 and 2 has submitted that, the suit was initially filed in the Commercial Division without obtaining leave for dispensation of the pre-institution mediation as contemplated under Section 12A of the Act of 2015. The plaintiff has not pleaded anything regarding dispensation of the provisions of Section 12 A nor has the plaintiff made any prayer to such effect in the plaint as originally filed.;