High CourtsSingle Bench(2025) 12 SIK CK 0055

M/S Yuksom Breweries Limited vs M/S Thomas Enterprises And Another

Sikkim High Court · Decided on 5 December 2025

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
Writ Petition (C) No. 77 Of 2025

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Judgment

7 paragraphs · 162 words

Meenakshi Madan Rai, J

Heard Learned Senior Counsel for the Petitioner, who is aggrieved by the Order dated 08-07-2025, of the Court of the Judge, Commercial Court, Namchi, at Sikkim, in Commercial Suit No.01 of 2021 (M/s Yuksom Breweries Limited vs. M/s Thomas Enterprises and Another), whereby it was inter alia observed that, the matter was registered without complying with the mandate of Section 12A of the Commercial Courts Act, 2015 (hereinafter, the “Commercial Courts Act”). The parties were directed to take appropriate steps in terms of Section 12A of the Commercial Courts Act.

It is the submission of Learned Senior Counsel for the Petitioner that the impugned direction of the Commercial Court is not applicable to the facts of the Petitioners case as the Suit was filed in 2016 much before the insertion of Section 12A of the Commercial Courts Act, by an amendment in 2018.

Considered.

Issue Notice to the Respondents.

Requisites be filed within three days.

List on 16-03-2026.