The Delhi High Court in a recent case held that the defendant having refused to participate in the pre-institution mediation will suffice for the plaintiff to prove the compliance under mandate of Section 12A of the Commercial Courts Act, 2015. This judgement brings quitous to a practical issue with pre-institution mediation in commercial suits where defendants have been exploiting the (mandatory) pre-institution mediation regime by not meaningfully participating in these mediation proceedings but just using this as a tool to delay the actual institution of the suit.
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