VidhiSangh

Supreme Court of India · 17/08/2022

M/S. PATIL AUTOMATION PRIVATE LIMITED AND ORS. versus RAKHEJA ENGINEERS PRIVATE LIMITED

[2022] 11 S.C.R. 808 · 2022 INSC 841

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Summary

In commercial suits filed without pre-institution mediation, the defendants sought rejection of the plaints under Order VII Rule 11 CPC. The Punjab and Haryana and Madras High Courts treated Section 12A of the Commercial Courts Act, 2015 as directory. The Court held Section 12A mandatory, given its imperative language, its Statement of Objects and Reasons and its scheme. Like Section 80 CPC and Section 69 of the Partnership Act, it conditions the right to sue where no urgent interim relief is contemplated. A suit filed in breach must have its plaint rejected, and the court may do so suo motu, with no substantial compliance by post-institution referral to mediation. The declaration was made effective from 20.08.2022, with stated exceptions.

Issues

  1. Whether pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory, so that a suit filed without it, contemplating no urgent interim relief, must be rejected under Order VII Rule 11 CPC.
  2. Whether a post-institution referral to mediation is substantial compliance, and whether the declaration should operate prospectively.

Provisions considered

Held

Result

Appeals disposed of. Section 12A was declared mandatory from 20.08.2022, and the impugned orders were left otherwise undisturbed. In one appeal the written statement is to be treated as a timely leave-to-defend application under Order XXXVII, and in the other the Rs 10,000 costs order was set aside.

Judgment PDF: Supreme Court of India, [2022] 11 S.C.R. 808.