- 1 - HC-KAR NC: 2025:KHC:26568 WP No. 13299 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 13299 OF 2020 (GM-CPC) BETWEEN: 1. SMT. A. V. LAVANYA LAKSHMI AGED ABOUT 41 YEARS WIFE OF C RAVI KIRAN RESIDING AT NO.14 2DN MODEL HOUSE STREET BASAVANAGUDI BENGALURU-560018 REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI C RAVI KIRAN …PETITIONER (BY SRI. V B SHIVA KUMAR., ADVOCATE) AND: 1. M/S. OASIS VOYAGES PRIVATE LIMITED A PRIVATE LIMITED COMPANY HAVING ITS OFFICE AT STAR CHAMBERS NO.13/6/1 QUEENS ROAD BENGALURU-560052. REPRESENTED BY ITS DIRECTORS (A) TINO THOMAS (B) TIJO THOMAS (C) PRATHIBHA UNIKRISHNAN 2. SRI TINO THOMAS DIRECTOR M/S OASIS VOYAGES PRIVATE LIMITED STAR CHAMBERS NO.13/6/1 QUEENS ROAD BENGALURU-560052 Digitally signed by RUPA V Location: High Court of karnataka - 2 - HC-KAR NC: 2025:KHC:26568 WP No. 13299 of 2020 AND ALSO AT SRI TINO THOMAS S/O THOMAS CHACKO RESIDING AT NO.5 5TH CROSS ANJANAPPA LAYOUT KOTHANUR, BENGALURU NORTH BENGALURU-560077 3. SRI TIJO THOMAS DIRECTOR M/S OASIS VOYAGES PRIVATE LIMITED STAR CHAMBERS NO.13/6/1 QUEENS ROAD BENGALURU-560052 4. PRATHIBHA UNNIKRISHNAN DIRECTOR M/S OASIS VOYAGES PRIVATE LIMITED STAR CHAMBERS NO.13/6/1, QUEENS ROAD BENGALURU-560052 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.10.2020 PASSED BY THE (COMMERCIAL COURTS) LXXXIII ADDITIONAL CITY CIVIL SESSION JUDGE, AT BENGALURU IN OS NO.282/2020 VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL ORDER This petition is filed seeking following reliefs: "(a) Issue a writ in the nature of certiorari or any other appropriate writ or directions quashing the order dated 17.10.2020 passed the (Commercial Courts) LXXXIII Additional City Civil - 3 - HC-KAR NC: 2025:KHC:26568 WP No. 13299 of 2020 Session Judge at Bengaluru in O.S.No.282/2020 as per Annexure-A; (b) Order directing the Hon'ble Judge of Commercial Court in O.S.No.282/2020 to admit and consider the Interlocutory Application; and (c) Cost of the petition." 2. Sri. V.B. Shivakumar, learned counsel appearing for the petitioner submits that the petitioner has filed Com.O.S.No.282/2020, which came to be returned on the ground that the petitioner/plaintiff has not exhausted the remedy of pre-institution mediation. However, the Commercial Court has ignored the mandate of Section 12A of the Commercial Courts Act, 2015, (for short 'Act'). As the petitioner had filed an application seeking for attachment of immovable properties before judgment. Hence, he seeks to allow the petition. 3. I have heard the arguments of the learned counsel for the petitioner and meticulously perused the material available on record. 4. That petitioner filed Com.O.S.No.282/2020 seeking for the relief of recovery of money and other related reliefs. - 4 - HC-KAR NC: 2025:KHC:26568 WP No. 13299 of 2020 Along with the plaint, the petitioner filed an application under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908, seeking interim relief of attachment of immovable properties. When things stood thus, the Commercial Court has committed an error in returning the plaint by directing the petitioner/plaintiff to exhaust the remedy of pre-institution mediation. The mandate of Section 12A of the Act, specifies that a suit which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-institution mediation. In the case on hand, since the petitioner has filed an application for urgent interim relief, the question of exhausting pre-institution mediation would not arise. 5. For the aforementioned reasons, I proceed to pass the following: ORDER i) Writ petition is allowed. ii) The impugned order dated 17.10.2020 passed by the (Commercial Courts) LXXXIII Additional City Civil Session Judge at Bengaluru, in Com.O.S.No.282/2020 is set-aside. - 5 - HC-KAR NC: 2025:KHC:26568 WP No. 13299 of 2020 iii) The Commercial Court is directed to accept the plaint, restore the suit and consider the pending application in accordance with law. No order as to costs. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GRD List No.: 1 Sl No.: 13