MEGHALAYA MINERAL DEVELOPMENT CORPORATION LTD. Vs. CALM SPIRITS FARM AND RESORT PVT. LTD

JUDGEMENT

(1.) This appeal arises out of a matter in a commercial suit and the principal issue raised has been decided by a recent Supreme Court judgment delivered on August 17, 2022 and reported at 2022 SCC Online SC 1028 (Patil Automation Private Limited v. Rakheja Engineers Private Limited).

(2.) The question that arose before the Supreme Court was whether Sec. 12A of the Commercial Courts Act, 2015 was mandatory in the sense that a commercial suit within the meaning of the relevant expression in the said Act could not be instituted without resorting to the process of mediation contemplated thereunder. The issue has been answered in the following words at paragraph 92 of the judgment:

(3.) What is relevant from the paragraph quoted above is that the Supreme Court's dictum is to apply prospectively from August 20, 2022. However, certain exceptions were indicated pertaining to matters where the plaints had already been rejected and no steps were taken within the period of limitation or where the plaints had been rejected and a fresh suit had been instituted thereupon.