In a significant decision, on 17.08.2022, a Division Bench of the Hon’ble Supreme Court of India [“SCI”] consisting of Justice KM Joseph and Justice Hrishikesh Roy held that pre-mediation under Section 12A of the Commercial Courts Act, 2015 [“the Act”] is mandatory and plaints in violation of the same would be liable to be rejected under Order VII Rule 11 of Civil Procedure Code, 1908 [“CPC”]. [M/S. Patil Automation Private Limited and Others v. Rakheja Engineers Private Limited, 2022 SCC OnLine SC 1028.]
