Delhi HC: 𝗖𝗼𝘂𝗻𝘁𝗲𝗿 𝗖𝗹𝗮𝗶𝗺𝘀 𝗶𝗻 𝗮 𝗰𝗼𝗺𝗺𝗲𝗿𝗰𝗶𝗮𝗹 𝘀𝘂𝗶𝘁 𝗰𝗮𝗻 𝗯𝗲 𝗿𝗲𝗷𝗲𝗰𝘁𝗲𝗱 𝗳𝗼𝗿 𝗻𝗼𝗻-𝗰𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲 𝗼𝗳 𝗽𝗿𝗲-𝗹𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝗺𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻 𝗽𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀

 In view of above said discussion, it clearly emerges out that process of pre-institution mediation is mandatory for every suit involving a commercial suit and no distinction can be drawn when it comes to a counter-claim involving a commercial dispute and not contemplating any urgent relief. As per the mandate of Patil Automation Private Ltd. (supra), any such suit, which has been filed without taking recourse of Section 12-A of Commercial Courts Act, needs to be rejected under Order VII Rule 11 CPC. {Para 57}

In the High Court of Delhi at New Delhi

(Before Manoj Jain, J.)

Aditya Birla Fashion and Retail Limited  Vs Saroj Tandon

CM(M) 459/2023 and CM APPL. 13679/2023

Decided on September 2, 2024,

Citation: 2024 SCC OnLine Del 6099,2024:DHC:6693,

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Important provisions of Mediation Act,2023

 An Act to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise, enforce mediated settlement agreements, provide for a body for registration of mediators, to encourage community mediation and to make online mediation as acceptable and cost effective process and for matters connected therewith or incidental thereto.

1. Short title, extent and commencement.—(1) This Act may be called the Mediation Act, 2023.

“Section 1 enforced w.e.f. 9-10-2023, vide Noti. No. S.O. 4384(E), dt. 9-10-2023.”

3. Definitions.—In this Act, unless the context otherwise requires,—

(r) “participants” means persons other than the parties who participate in the mediation and includes advisers, advocates, consultants and any technical experts and observers;

(u) “pre-litigation mediation” means a process of undertaking mediation, as provided under Section 5, for settlement of disputes prior to the filing of a suit or proceeding of civil or commercial nature in respect thereof, before a court or notified tribunal under sub-section (2) of Section 5;

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