M/S Patil Automation Private Limited vs Rakheja Engineers Private Limited on 17 August, 2022
In Patil Automation Private Limited and Ors. v. Rakheja Engineers
Private Limited (supra), the Supreme Court has authoritatively held
that the provisions of Section 12A of the Commercial Courts Act, 2015
are mandatory and failure to comply with the same would entail
rejection of the plaint. However, in the present case, the question
whether the provisions under Section 12A of the Commercial Courts
Act, 2015 are mandatory or not is not in issue; the point for
consideration is whether the provisions of Section 12A of the
Commercial Courts Act, 2015 are applicable to the suit instituted by the
appellant.