ORAL ORDER

The petitioners are before this Court calling in question an order dated 25.01.2025, passed by the Court of LXXXIII Additional City Civil and Sessions Judge, Commercial Court, Bengaluru, whereby, the application – I.A.No.5, filed by the plaintiff under Order VIII Rule 6C of the CPC seeking rejection of the counter claim registered by the petitioners – defendants, on the score that the defendants have not complied with the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act (for short ‘the Act’), is allowed.

2. Heard Sri Sunil Kumar H., learned counsel for the petitioners and Sri Skandha Kumar H., learned counsel along with Sri M.D.Raghunath, learned counsel for the respondent.

3. The respondent is the plaintiff, the petitioners, the defendants. The plaintiff institutes a commercial suit in Com.O.S.No.1127/2024 seeking arrears of rent from the hands of the defendants and also an injunction. Before the commercial suit could be registered, it transpires that the parties were directed to complete the process with regard to pre-institution mediation as obtaining under Section 12A of the Act. On the failure of the pre-institution mediation, res