#Clause 12 Letters Patent

The Calcutta High Court held that a suit cannot proceed under Clause 12 of the 1865 Letters Patent unless the plaint establishes a territorial nexus with the court’s jurisdiction, and therefore ordered the leave to be withdrawn and the case remitted to a competent court. This clarifies that litigants must file such actions in courts that have a direct connection to the cause of action, affecting parties seeking relief against central authorities under the Letters Patent.

The Calcutta High Court ruled that a plaintiff must demonstrate genuine urgent interim relief to retain leave under Clause 12 of the Letters Patent and to satisfy the mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act. Absent such urgency, the court revoked the leave and ordered the suit to be re-filed in the appropriate forum, tightening compliance with pre-litigation mediation for commercial disputes.