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Exemption from Pre-Litigation Mediation Denied; Court Emphasizes Mandatory Mediation for Commercial Disputes Before Suit.
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....Seeking exemption from pre-litigation mediation, as required by Section 12-A of the Commercial Courts Act, 2015 - Proceedings u/s 138 of the Negotiable Instruments Act, 1881 - suit for recovery alongwith interest and future interest - However, the court found no evidence of a failed mediation attempt and dismissed the application for exemption. The court also rejected the plaint, stating that pre-litigation mediation is mandatory unless urgent interim relief is sought. The appellant was given liberty to file a fresh suit after complying with the provisions of Section 12-A of the Commercial Courts Act, 2015.....