Pre-Institution Mediation and Settlement

Himachal Pradesh High Court
Case BriefsHigh Courts

Filing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1098 was just an act to wriggle out of and get over Section 12-A of the Commercial Courts Act, 2015

Bombay High Court
Case BriefsHigh Courts

“If the plaintiff is found to have indulged in deception or falsity by use of clever drafting, only to create an illusion of urgent interim belief, the Court would insist upon compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015.”