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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 09^th January, 2026 Date of Decision :16^th January, 2026 + CM(M) 1762/2025, CM APPL. 57124/2025 & CM APPL.

70629/2025 VANITA BATHLA .....Petitioner Through: Mr. Kirti Uppal and Mr. Anurag Ahluwalia, Senior Advocates with Mr. Ankit Banati, Mr. Umang Tyagi, Mr. Zuber Ali, Ms. Archisha Satyarthi and Mr. Siddharth Sharma, Advocates.

versus SMT. SHASHI BAJAJ .....Respondent Through: Mr. Roshan Santhalia, Ms. Kavya Arora and Mr. Himanshu Kumar Pathak, Advocates.

CORAM:

HON’BLE MR. JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

1. The present petition has been filed by the petitioner/defendant under Article 227 of the Constitution of India assailing the order dated 07^th August, 2025 (hereinafter referred to as the “Impugned Order”) passed by the trial Court in CS (COMM) 364/2023, whereby the trial Court has rejected the plea raised by the petitioner alleging the non-compliance of the mandatory requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 (hereinafter referred to as the ‘the Act’)

before filing of the suit.

2. Learned Senior Counsels on behalf the petitioner have argued that as the respondent has fail