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Sep 30, 2022

SC Rules That Statutory Pre-Litigation Mediation Contemplated Under Commercial Courts Act is Mandatory

The SC in Patil Automation Pvt. Ltd. & Ors. v. Rakheja Engineers Pvt. Ltd.[1] held that the pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 is a mandatory provision and any suits instituted in violation of the provision are liable to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 (‘CPC’). The SC clarified that the declaration in the judgment would be made effective from August 20, 2022 so as to keep the concerned parties sufficiently informed.

 

[1] Patil Automation Pvt. Ltd. & Ors. v. Rakheja Engineers Pvt. Ltd., 2022 SCC OnLine SC 1028.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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