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Supreme Court of India

M/s. Patil Automation Private Limited and Ors. v. Rakheja Engineers Private Limited

Neutral citation
Reported as [2022] 11 S.C.R. 808
Bench K. M. Joseph and Hrishikesh Roy JJ.
Decided 17 August 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the law, we declare is prospective such suits must perish.

Judgment, page 60

From the headnote

Commercial Courts Act, 2015 – s.12A – Statutory pre -institution mediation contemplated u/s.12A – Held: Is mandatory – Exhaustin g pre-institution mediation by the plaintiff, with all the benefits that may accrue to the parties and, more importantly, the justic e delivery system as a whole, would make s.12A not a mere proc edural provision – The design and scope of the Act, as amended in 2018, by which s.12A was inserted, would make it clear that Parliament intended to give it a mandatory flavour – Any other i nterpretation would not only be in the teeth of the express langu age used but,

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 1 mentioned

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