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May 28, 2025 at 12:22 PM
Arbitration:
*Whether, due to non-compliance with Section 12A of the Commercial Courts Act, 2015, a suit should be dismissed under Order VII Rule 11 of the CPC, or whether it should be kept in abeyance, directing the parties to first explore the possibility of settlement by instituting mediation? – Supreme Court*
_Mr. Justice J. B. Pardiwala and Mr. Justice R. Mahadevan_
Case Citation: (2025) ibclaw.in 186 SC
This judgment covers:
A. Legislative intent behind the enactment of Section 12A of Commercial Courts Act, 2015
B. Section 12A of Commercial Courts Act, 2015, is mandatory in nature
C. How the expression “urgent interim relief” is to be construed
D. The effect of according prospectivity to the declaration in Patil Automation (supra) on cases like the one at hand
E. The equitable maxim lex non cogit ad impossibilia
F. Conclusion
G. Answer to the Issue
H. Disposed of
https://ibclaw.in/dhanbad-fuels-pvt-ltd-vs-union-of-india-and-anr-supreme-court/