No Relief in case of violation of section 12A of Commercial Courts Act

Patil Automation Private Limited Vs Rakheja Engineers Private Limited (Supreme Court of India)

Held that Section 12A of the Commercial Courts Act, 2015 is mandatory and hold that any suit instituted violating the mandate of Section 12A must be visited with rejection of the plaint under Order VII Rule 11.

Facts-

The seminal question which arises for consideration is whether the statutory pre-litigation mediation contemplated u/s. 12A of the Commercial Courts Act, 2015 as amended by the Amendment Act of 2018 is mandatory and whether the Courts below have erred in not allowing the applications filed under Order VII Rule 11 of the Code of Civil Procedure, 1908, to reject the plaints filed by the respondents in these appeals without complying with the procedure under Section 12A of the Act.

Conclusion-

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