CENTRE FOR DEVELOPMENT OF TELEMATICS Vs. AMRITA TRAVELS

JUDGEMENT

(1.) Petitioner is defending a commercial suit.

(2.) According to learned counsel for petitioner, such suit was a simple recovery suit, not contemplating any urgent relief and since the plaintiff had not resorted to mandatory provision of pre-institution Mediation, the suit was liable to be rejected. However, when an application under Order VII Rule 11 of CPC was moved in this regard, the learned Trial Court, instead, dismissed the same.

(3.) The legal position is no longer res integra and the compliance of Sec. 12A of Commercial Courts Act, 2015 which provides for pre-institution Mediation with respect to a suit, which does not contemplate any urgent relief, is mandatory.