https://www.taxtmi.com/caselaws?id=313012 Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory where urgent interim relief is not sought, but substantial compliance was treated as sufficient when the plaintiff genuinely attempted mediation before a recognised court-annexed mediation centre and the respondent did not participate. The absence of mediation before the District Legal Services Authority did not, on these facts, defeat the purpose of Section 12A. The Delhi HC also noted that court-annexed mediation centres are recognised under the Mediation Act, 2023, and that a hyper-technical approach should not override substantial justice where the opposite party remained absent. en-us Fri, 06 Oct 2023 00:00:00 +0530 Mon, 18 Mar 2024 19:39:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313012 Pre-institution mediation under Section 12A of the Commercial Courts Act is mandatory where urgent interim relief is not sought, but substantial compliance was treated as sufficient when the plaintiff genuinely attempted mediation before a recognised court-annexed mediation centre and the respondent did not participate. The absence of mediation before the District Legal Services Authority did not, on these facts, defeat the purpose of Section 12A. The Delhi HC also noted that court-annexed mediation centres are recognised under the Mediation Act, 2023, and that a hyper-technical approach should not override substantial justice where the opposite party remained absent. Case-Laws Indian Laws Fri, 06 Oct 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313012