Caveat India

Exemption from pre-institution Mediation

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 . 

 

 

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