Advocates appeared:
For the Petitioner(s): Mr. Pradip Kumar Tarafder, Sr. Adv. Mrs. Anjani Aiyagari, AOR Mr. Sambudhha Dutta, Adv. Mr. K. Sriram, Adv.
For the Respondent(s): Mr. Sudarshan Lamba, AOR

Certainly. Based on the provided legal document, here are the key points summarized:

1. The Commercial Courts Act mandates pre-institution mediation under Section 12A, which became effective prospectively from August 20, 2022. Suits filed before this date are not to be dismissed solely for non-compliance (!) (!) .

2. The law emphasizes the mandatory nature of Section 12A, requiring parties to attempt pre-institution mediation before filing a suit, except in cases involving urgent interim relief (!) (!) .

3. If a suit is filed without prior compliance with Section 12A, the appropriate course is to keep the suit in abeyance and refer the parties to mediation, rather than dismissing the suit outright, especially if the suit is at an early stage (!) (!) (!) .

4. The declaration regarding the mandatory nature of Section 12A is to be given prospective effect from August 20, 2022, to accommodate suits filed earlier, which are protected from rejection on this ground (!) (!) .

5. The scope of "urgent interim relief" under Section 12A is limited to cases where the nature and cause of action suggest the prayer for interim relief is contemplable, not to be used as a guise to bypass mediation requirements (!) (!) .

6. The approach of keeping suits in abeyance and referring them to mediation aligns with the legislative intent to promote alternative dispute resolution and avoid unnecessary delays and procedural dismissals (!) (!) .

7. The law does not require court permission or leave to file suits that do not contemplate urgent interim relief, nor does it prescribe a specific application for exemption from mediation in such cases (!) (!) .

8. The period spent in pre-institution mediation is excluded from the computation of limitation periods, and mediated settlements have the same enforceability as arbitral awards, reinforcing the importance of mediation as a dispute resolution mechanism (!) (!) .

9. The procedural framework and infrastructure for pre-institution mediation, including trained mediators and SOPs, were developed progressively over time, impacting the feasibility of compliance for suits filed during the initial phases (!) (!) .

10. The courts are expected to interpret and apply the provisions of Section 12A in a manner consistent with legislative intent, ensuring that suits are not dismissed prematurely but are instead directed towards mediation where appropriate (!) (!) .

11. The decision underscores that suits at an initial stage, especially those with no substantial progress, should generally be kept in abeyance and referred to mediation unless they involve urgent relief or fall within specific exceptions (!) (!) .

12. The approach of courts in referring parties to mediation and keeping suits in abeyance aligns with the overarching objective of expediting dispute resolution and promoting judicial economy (!) (!) .

Please let me know if you need further analysis or specific legal advice based on these points.