Commercial Courts Act, 2015
Section 12A—Pre-litigation mediation—Requirement—Application for exemption—Submission that once mediation has taken place, albeit not in the manner prescribed under Section 12A of the Commercial Courts Act, the court may not be required to relegate the matter to fresh mediation—Case of plaintiff is predicated only on the fact that it has already undertaken efforts to settle the dispute between parties—There is no record that an attempt has been made in mediation, and that no urgent relief is sought—Pre-litigation mediation was therefore mandatory—Application dismissed.
[Paras 3, 8, 11 & 12]