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15:25:19
"61. Timelines are contemplated, both in the matter
of pleadings and also other steps to be taken. They
are geared to ensure an expeditious culmination of
the proceedings. Originally, the specified value
within the meaning of Section 2(i) was fixed as
'which shall not be less than one crore rupees'.
Within three years of the birth of the Act,
Parliament found that it was necessary to reduce
the specified value from the sum of Rs. 1 crore to
Rs. 3 lakhs, which is what is reflected in the present
avatar of the definition of the word 'specified
value'. It is simultaneously with the reduction of
the specified value and by the same amendment
that Section 12A came to be inserted. We have
already noticed the Statement of Objects and
Reasons, which led to the amendment. On a
conspectus of the Act, as from its birth till the Law-
giver stepped-in with the amendment in 2018, the
Act read with the Rules represent an economic
experiment as much as it deals more directly with a
vital aspect of administration of justice.
Commercial disputes have been clearly identified.
The value has been fixed. Courts, at different
stages, have been contemplated. Timelines are
contemplated. The whole object of the law is clear
as day light. Disputes of a commercial hue, must
be extinguished with the highest level of
expedition. The dispute resolution would witness a
termination of the lis between the feuding parties.
But even, more importantly, it would prepare the
ground for the country becoming a destination
attracting capital by enhancing the ease of doing
business. It does not require much debate to
conclude that there is a direct relationship
between ease of doing business and an early and
expeditious termination of disputes, which may
arise in commercial matters. The speed with
which the justice delivery system in any country
responds to the problem of docket explosion,
particularly in the realm of commercial disputes
can be regarded as a very safe index of the ease of
doing business in that country. The Act, therefore,
is, in the said sense, a unique experiment to push
the pace of disposal of commercial disputes. It is
in this background that the Court must approach
the issue of whether Section 12A has been
perceived as being a mandatory provision. We say
this for the reason that the decisive element in the
search for the answer, in the interpretation of such
a Statute, must be to ascertain the intention of the
Legislature. The first principle, of course, must be
the golden rule of interpretation, which means, the
interpretation in conformity with the plain
language, which is used. There cannot even be a
shadow of a doubt that the language used in
Section 12A is plainly imperative in nature.
However, we will not be led by the mere use of the
word 'shall'. Even going by the sublime object of
the Act, as we have unravelled, we are fully
reinforced in our opinion that the pre-institution
mediation is intended to produce results, which
has a direct bearing on the fulfilment of the noble
goals of the Law-giver. It is apparent that the
Legislature has manifested a value judgment. We
are not called upon to decide the constitutionality
of the provision. Parliament is presumed to be
aware of the felt necessities of the times. It best
knows the manner in which the problems on the
ground are redressed. Section 89 of the CPC, does
contemplate mediation ordered by a Court.
However, it must be noticed that Section 12A
contemplates mediation without any involvement of
the Court as it is done prior to the institution of the
suit."