GAVRILL METAL Vs. MAIRA FABRICATORS

JUDGEMENT

(1.) Chapter IIIA was introduced into the Commercial Courts Act, 2015 by Sec. 11 of Act XXVIII of 2008 with effect from 3/5/2018. It inserted one solitary Sec. , 12A. It is in the following terms:-

(2.) Sub-sec. 3 of Sec. 12A provides that the process of mediation would have to be completed within three months from the date of application made by the plaintiff under sub-sec. 1. It may be extended by two months by consent of parties.

(3.) If a suit contemplates "an urgent relief", it may be instituted without undergoing pre-litigation, mediation. The rule of practice which is followed in this court is that if a suit under the said Act is to be instituted without pre-litigation, mediation, leave has to be obtained from the court dispensing with the requirement at the time of institution of the suit. In other words, the court has to certify that the suit "contemplates" urgent reliefs and that is why, such leave is being granted.