S&S
S & S Co.
Advocates & Solicitors
Bar Council of India: Notice

Important Disclaimer & Notice

As per the rules of the Bar Council of India, advocates are not permitted to solicit work or advertise in any manner. By proceeding, you acknowledge that you are seeking information relating to S & S Co. of your own accord and that there has been no solicitation, advertisement or inducement by S & S Co. or any of its members.

The content of this website is provided solely for informational purposes and should not be construed as legal advice. S & S Co. shall not be liable for any consequence of any action taken by the user relying on material provided herein.

Any information shared through this website does not create an attorney-client relationship. Transmission of information herein is not intended to constitute, nor does receipt thereof constitute, an attorney-client relationship.

The contents of this website are the intellectual property of S & S Co. No part constitutes legal advice. Readers are requested to seek formal legal counsel before acting upon any information contained herein.
About Practice Areas Locations Legal Updates Legal News Team Blog Search Contact Us
Commercial Litigation · 12 June 2026

A Commercial Suit Filed Without Completing Mandatory Pre-Institution Mediation Under Section 12A Is Liable to Be Rejected: High Court

Source: Originally reported by LiveLaw on and around 12 June 2026, covering a ruling in Copperhill Steels Pvt. Ltd. v. Adarsh Fabricators on the mandatory nature of pre-institution mediation under Section 12A, Commercial Courts Act, 2015. This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes; it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying judgment directly.

A High Court has reaffirmed that pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory for any commercial suit that does not contemplate urgent interim relief, and has directed rejection of a plaint filed by a party that bypassed the process altogether.

Copperhill Steels Pvt. Ltd. had filed a commercial suit against Adarsh Fabricators for recovery of dues under a supply contract without first attempting the pre-institution mediation that Section 12A requires. Adarsh objected at the threshold, contending that the suit was not maintainable in its present form since Copperhill had neither sought nor been granted any urgent interim relief that would have exempted it from the mediation requirement.

The Court held that Section 12A uses mandatory language, and that the exemption for suits contemplating urgent interim relief is a narrow one: available only where the plaint genuinely discloses a need for urgent relief, not where a plaintiff merely appends a token prayer for interim relief to sidestep mediation. On the facts, the suit was a straightforward recovery claim with no urgency established, and the Court held the plaint could not proceed without first completing the Section 12A process.

The Court clarified that this defect is curable, the plaintiff may withdraw the suit, complete pre-institution mediation, and refile, but that the suit as filed could not be entertained on merits until that statutory pre-condition was satisfied.

Newsletter

Fortnightly Legal Updates,
By Practice Area

A short digest of significant rulings, regulatory changes and practical guides across our practice areas, sent every two weeks. For general information only, not legal advice.

Get In Touch

Have a Question About
Commercial Litigation?

Tell us about your situation, and we'll help you figure out the right next step.

Contact S&S Co. →

A full-service law firm headquartered in Noida, Delhi and Kolkata, providing commercial litigation, arbitration, corporate advisory and regulatory counsel across Delhi NCR, Kolkata and pan-India.

Practice

Commercial Litigation Arbitration All 16 Practice Areas

Locations

Noida All Locations

Firm

Team Legal Updates Legal News Blog Newsletter Contact