Patil Automation Private Limited v. Rakheja Engineers Private Limited
Citation: (2022) 10 SCC 1
🔹 Why It Is Important in Order 7 Rule 11 Context?
This judgment is primarily on Section 12A of the Commercial Courts Act, 2015 (Pre-Institution Mediation), but it directly impacts Order 7 Rule 11(d) CPC.
✅ Core Issue:
Whether filing a commercial suit without mandatory pre-institution mediation is maintainable?
🔹 Supreme Court Held:
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Section 12A is mandatory (not directory).
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If plaintiff files commercial suit without first exhausting pre-institution mediation (where no urgent interim relief is sought),
👉 the plaint is liable to be rejected. -
Such rejection is under Order 7 Rule 11(d) — “suit barred by law”.
🔹 Ratio in One Line (Exam Ready):
Non-compliance with mandatory pre-institution mediation under Section 12A Commercial Courts Act renders the plaint liable to rejection under Order 7 Rule 11(d) CPC.