Authority: High Court of Judicature at Madras
Order Date: 07-08-2026
Case Overview
- Applicant: M. Arumugam filed suit against respondent M/s CP Foods (represented by partner Manikanda Prabhu) seeking relief.
- Respondent: CP Foods filed an application for rejection of the plaint on the ground of non‑compliance with Section 12A of the Commercial Courts Act, 2015.
- Plaintiff’s prayer: Permission to withdraw the suit, refund of court fee, and liberty to institute a fresh suit after complying with the pre‑mediation process under Section 12A.
- Respondent’s opposition: Opposed both withdrawal and fee refund, relying on prior judgments.
- Counsel arguments: Plaintiff’s counsel cited judgments allowing fee refunds and liberty to re‑file after compliance; respondent’s senior counsel cited contrary precedents.
- Additional context: Respondent had earlier instituted O.S. No.92 of 2021 in the Sub‑Court, Virudhunagar, challenging the same agreement underlying the present claim.
Final Outcome
- The Court granted the plaintiff’s request to withdraw the suit and ordered a refund of the court fee.
- The Court denied the liberty to file a fresh suit on the same cause of action, directing the plaintiff to defend the existing O.S. No.92 of 2021 suit and raise any counter‑claim therein, in line with Order VIII Rule 6A of the CPC to avoid multiplicity of litigation.
Topics: Court Fee Refund, Civil Procedure, Commercial Courts Act