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The SC in Patil Automation Pvt. Ltd. & Ors. v. Rakheja Engineers Pvt. Ltd. held that the pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 is a mandatory provision...
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The SC in Patil Automation Pvt. Ltd. &
Ors. v. Rakheja Engineers Pvt.
Ltd.1 held that the pre-litigation
mediation under Section 12A of the Commercial Courts Act, 2015 is a
mandatory provision and any suits instituted in violation of the
provision are liable to be rejected under Order VII Rule 11 of the
Code of Civil Procedure, 1908 (‘CPC').
The SC clarified that the declaration in the judgment would be made
effective from August 20, 2022 so as to keep the concerned parties
sufficiently informed.
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