Judgment briefs
Supreme Court of India

M/s Dhanbad Fuels Private Limited v. Union of India & Anr

Commercial Courts Act, 2015 – s.12A – Pre-institution mediation and settlement

Dismissed
Court
Supreme Court of India
Decided
14 May 2025
Citation
[2025] 6 S.C.R. 431
Case no.
CIVIL APPEAL No. 6846/2025
Bench
J.b. Pardiwala, R Mahadevan

Issue for consideration

Issue arose whether, due to non-compliance with s.12A of the Commercial Courts Act, 2015, a suit should be dismissed u/Ord. VII r.11 CPC, or whether it should be kept in abeyance, directing the parties to first explore the possibility of settlement by instituting mediation; Court erred in passing the impugned order, keeping the suit in abeyance and sending the parties to mediation as per the PIMS Rules and the 2020 SOP.

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