JUDGMENT :

K. M. JOSEPH, J.

1. Leave granted.

2. The seminal question which arises for consideration is whether the statutory pre-litigation mediation contemplated under Section 12A of the Commercial Courts Act, 2015 (hereinafter referred to as ‘Act’) as amended by the Amendment Act of 2018 is mandatory and whether the Courts below have erred in not allowing the applications filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘CPC’), to reject the plaints filed by the respondents in these appeals without complying with the procedure under Section 12A of the Act.

3. In Civil Appeal arising from SLP (C) No. 14697 of 2021, the respondent filed a commercial suit under Order XXXVII of the CPC before the Additional District Judge, District Court, Faridabad, praying for recovery of Rs. 1,00,40,291/- along with 12 per cent interest on a certain sum which detail need not detain us. The suit was laid on 12.10.2020.

4. The appellant is the defendant in the said suit. It filed an application on 05.02.2021 under Order VII Rules 10 and 11 read with Sections 9 and 20 of the CPC, inter alia contending that the suit was filed without adhering to Section 12A of