Authority: High Court at Calcutta, Commercial Division

Order Date: August 3, 2026

Case Overview

  • Plaintiff: Intech Safety Private Limited; Defendant: Eastern Coalfields Limited (and another unnamed party).
  • The plaint sought urgent interim relief concerning a bank guarantee; paragraphs 53‑54 indicated the guarantee had already been invoked.
  • The Court held that once the bank guarantee is invoked, urgent interim relief is unavailable and the matter must proceed via pre‑institution mediation under Section 12A of the Commercial Courts Act, 2015.
  • The Court also noted that leave under Clause 12 of the Letters Patent is not applicable as both parties operate within the territorial jurisdiction of the Court.

Final Outcome

  • The plaint is rejected on the ground of lack of urgency; parties are referred to the Member Secretary, Mediation and Conciliation Committee of the High Court for mediation, to be concluded within four weeks of this order.
  • Court fees paid by the plaintiff are to be returned, with permission to reuse them if a further suit on the same cause of action is filed after mediation.

Topics: Legal Dispute, Mediation