JUDGMENT :

(Manish Mathur, J.)

1. Supplementary affidavit filed on behalf of opposite party no. 2 is taken on record.

2. Heard Mr. Ashok Kumar Singh, learned counsel for petitioner and Mr. Ashish Shukla, learned counsel for opposite party no. 2.

3. Notice to opposite party no. 1 stands dispensed with as it is proforma party.

4. Petition under Article 227 of the Constitution of India has been filed raising challenge to order dated 08.02.2023 passed by the Commercial Court in Civil Suit No. 274 of 2022 rejecting preliminary objections raised by petitioner/defendant regarding maintainability of suit on the ground that pre-institution remedy of mediation as contemplated under Section 12 (A) (1) of the Commercial Courts Act 2015 having not been undertaken, without which suit in terms of the aforesaid provisions is barred.

5. Learned counsel for petitioner has placed reliance on judgment rendered by Hon'ble Supreme Court in the case of M/s. Patil Automation Private Limited and others versus Rakheja Engineers Private Limited reported in 2022 (10) SCC (1) to submit that the provisions of Section 12 A(1) of the aforesaid act have been held to be mandatory in nature and therefore, any suit f