https://www.taxtmi.com/caselaws?id=797036 Pre-institution mediation requirements under Section 12A of the Commercial Courts Act operate independently from the conditions for attachment before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure. Proof that defendants intend to remove themselves or their assets from the court's jurisdiction concerns the attachment application and cannot determine whether exemption from mediation should be granted. Where parties have already undergone mediation without resolving the dispute, no mediation-related barrier remains to considering attachment before judgment. The Commercial Court may decide the attachment application expeditiously and number the commercial suit if otherwise in order. en-us Thu, 06 Aug 2026 00:00:00 +0530 Mon, 17 Aug 2026 08:38:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=797036 Pre-institution mediation requirements under Section 12A of the Commercial Courts Act operate independently from the conditions for attachment before judgment under Order XXXVIII Rule 5 of the Code of Civil Procedure. Proof that defendants intend to remove themselves or their assets from the court's jurisdiction concerns the attachment application and cannot determine whether exemption from mediation should be granted. Where parties have already undergone mediation without resolving the dispute, no mediation-related barrier remains to considering attachment before judgment. The Commercial Court may decide the attachment application expeditiously and number the commercial suit if otherwise in order. Case-Laws Indian Laws Thu, 06 Aug 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=797036