Ambar Bhushan

Nov 28, 2024 | law.asia | Divyam Sharma |Ambar Bhushan

In the recent case of Aditya A Birla Fashion and Retail Limited v Mrs Saroj Tandon, Delhi High Court observed that as a matter of law, pre-institution mediation (PIM) under section 12A of the Commercial Courts Act, 2015, is mandatory for counterclaims where no urgent relief was sought. As a result, counterclaims can be dismissed for non-compliance. In November 2024, the Supreme Court declined to interfere with this judgment.