Supreme Court of India · 2022-08-17
M/S PATIL AUTOMATION PRIVATE LIMITED vs RAKHEJA ENGINEERS PRIVATE LIMITED
- Citation / case number
- SC 2021/21877
- Court
- Supreme Court of India
- Petitioner
- M/S PATIL AUTOMATION PRIVATE LIMITED
- Respondent
- RAKHEJA ENGINEERS PRIVATE LIMITED
- Author
- HON'BLE MR. JUSTICE K.M. JOSEPH
- Bench
- HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE K.M. JOSEPH
Judgment text excerpt
The Supreme Court addressed the mandatory nature of pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015, as amended in 2018. The court ruled that compliance with this provision is essential before filing a commercial suit, and the lower courts erred in not dismissing the plaints for failure to adhere to this requirement. Consequently, the appeals were allowed, reinforcing the necessity of mediation in commercial disputes.