Exemption from pre-institution Mediation wherein the party filing an application for interim relief may also file an application seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”). The application may be supported by the Judgment of the Hon’ble Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC OnLine SC 1382 seeking exemption from the requirement of pre-institution Mediation .
The two-Judge Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan provides its findings in Civil Appeal No 6846 of 2025 in M/S DHANBAD FUELS PRIVATE LIMITED VS UNION OF INDIA & ANR .