Pre-institution mediation under Section 12A of Commercial Courts Act mandatory: Supreme Court

Suits not adhering to it will be liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, the Court ruled.
Justice KM Joseph and Justice Hrishikesh Roy and Supreme Court
Justice KM Joseph and Justice Hrishikesh Roy and Supreme Court

In a significant ruling, the Supreme Court of India on Wednesday held that pre- institution mediation under Section 12A of the Commercial Courts Act 2015 is mandatory in nature and suits not adhering to it will be liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure (CpC) [Patil Automation Pvt Ltd vs Rakhija Engineers].

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