High CourtsDivision Bench

M/s Emdee Digitronics Pvt. Ltd vs Jharkhand Bijli Vitran Nigam Ltd

Jharkhand High Court · Decided on 25 June 2024 · Citation: (2024) 06 JH CK 0039

HON’BLE JUDGES
Shree Chandrashekhar, J · Navneet Kumar, J
ACTS & SECTIONS REFERRED
Commercial Courts Act, 2015 — Section 12A
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 1822 Of 2023
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Judgment

6 paragraphs · 221 words
1.

The petitioner-Firm is seeking a direction upon the Jharkhand Bijli Vitran Nigam Ltd. (in short, JBVNL) for payment of Rs.1,87,55,450/-.

2.

On 22nd January 2024, expecting that the dispute between the parties may be resolved through mediation, a co-ordinate Bench of this Court permitted the parties to appear before a Mediator at JHALSA.

3.

Mr. Dilip Kumar Chakraverty, the learned counsel for the petitioner states that inspite of the best efforts of the petitioner-Firm to reconcile its differences with the JBVNL, the efforts at mediation and conciliation have failed.

4.

The learned counsel for the petitioner draws attention of the Court to an order passed in W.P.(C) No. 6160 of 2022 and submits that before the Commercial Court the petitioner-Firm should not be once again relegated to the process of mediation under section 12A of the Commercial Courts Act, 2015.

5.

On instructions, Mr. Dilip Kumar Chakraverty, the learned counsel for the petitioner-Firm seeks permission to withdraw this writ petition at this stage so that the petitioner-Firm avails of remedy available to it in law.

6.

With liberty to the petitioner-Firm to file an application in the Commercial Court at the stage of section 12A of the Commercial Courts Act, 2015, W.P.(C) No. 1822 of 2023 is disposed of with the liberty as prayed for on behalf of the petitioner-Firm.