Supreme Court · 2022 INSC 841 · Decided 17 August 2022
M/S. Patil Automation Private Limited and ORS. v. Rakheja Engineers Private Limited
- Court
- Supreme Court of India
- Citation
- 2022 INSC 841 · [2022] 11 S.C.R. 808
- Case number
- CIVIL APPEAL No. 5333/2022
- Decided
- 17 August 2022
- Bench
- K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 80(1)
Headnote
Commercial Courts Act, 2015 - s.12A - Statutory pre-institution mediation contemplated u/s.12A - Held: Is mandatory - Exhausting pre-institution mediation by the plaintiff, with all the benefits that may accrue and, more importantly, the justice delivery system as a whole, would make s.12A not a mere procedural provision - The design and scope of the Act, as amended in 2018, by which s.12A was inserted, would make it clear that Parliament intended to give it a mandatory flavour - Any other
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