https://www.taxtmi.com/caselaws?id=312983 Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory for commercial suits that do not seek urgent interim relief, because the statutory language, scheme, and objective of speedy dispute resolution show a condition precedent to institution. Non-compliance is enforceable through rejection of the plaint under Order VII Rule 11(d) of the CPC, and post-institution efforts at settlement do not amount to substantial compliance. The Court also limited the effect of this declaration prospectively from 20.08.2022, taking into account the recent amendment, conflicting High Court views, and the practical impact on pending litigation and limitation. en-us Wed, 17 Aug 2022 00:00:00 +0530 Mon, 18 Mar 2024 10:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312983 Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory for commercial suits that do not seek urgent interim relief, because the statutory language, scheme, and objective of speedy dispute resolution show a condition precedent to institution. Non-compliance is enforceable through rejection of the plaint under Order VII Rule 11(d) of the CPC, and post-institution efforts at settlement do not amount to substantial compliance. The Court also limited the effect of this declaration prospectively from 20.08.2022, taking into account the recent amendment, conflicting High Court views, and the practical impact on pending litigation and limitation. Case-Laws Indian Laws Wed, 17 Aug 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312983