M/S Patil Automation Private Limited vs Rakheja Engineers Private Limited on 17 August, 2022
11. Having stated so, it is difficult to agree with the
proposition that the plaintiff has the absolute choice and right
to paralyse Section 12-A of the CC Act by making a prayer
for urgent interim relief. Camouflage and guise to bypass the
statutory mandate of pre-litigation mediation should be
checked when deception and falsity is apparent or
established. The proposition that the Commercial Courts do
have a role, albeit a limited one, should be accepted,
otherwise it would be up to the plaintiff alone to decide
whether to resort to the procedure under Section 12-A of the
CC Act. An "absolute and unfettered right" approach is not
justified if the pre-institution mediation under Section 12-A of
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the CC Act is mandatory, as held by this Court in Patil
Automation [Patil Automation (P) Ltd. v. Rakheja Engineers
(P) Ltd., (2022) 10 SCC 1 : (2023) 1 SCC (Civ) 545] .