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2023 Supreme(Online)(SC) 19968

Sanjiv Khanna, S.V.N. Bhatti, JJ
YAMINI MANOHAR – Appellant
Versus
T K D KEERTHI – Respondent


Advocates:
For the Appellants/Petitioners: J. Sai Deepak, Kartikey Bhatt, R. Abhishek, Shraddha Chirania
For the Respondents: Kunal Khanna, Rishi Raj Sharma, Vidhi Pasricha, Swastik Bisarya, Pranav Prasoon

ORDER

Delay condoned. The application under Order VII, Rule 11 of the Code of Civil Procedure , 19081, filed by the petitioner – Yamini Manohar, 1 For short, “the Code”. Digitally signed by SWETA BALODI Date: 2023.10.18 17:37:48 IST Reason:

    Signature Not Verified defendant in C.S. (Comm.) No. 205/2022, has been rightly dismissed. 2. Section 12A of the Commercial Courts Act, 2015,2 reads: “12A. Pre-litigation Mediation and Settlement:— (1) A suit, which does not contemplate any urgent interim relief under this Act, shall not be instituted unless the plaintiff exhausts the remedy of pre-litigation mediation in accordance with such manner and procedure as may be prescribed by rules made by the Central Government. (2) For the purposes of pre-litigation mediation, the Central Government may, by notification, authorise— (i) the Authority, constituted under the Legal Services Authorities Act, 1987 (39 of 1987); or (ii) a mediation service provider as defined under clause (m) of Section 3 of the Mediation Act, 2023. (3) Notwithstanding anything contained in the Legal Services Authorities Act, 1987 (39 of 1987), the Authority or mediation service provider authorised by
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