Commercial Courts Act, 2015–Sec. 12A–If a suit is instituted on or after the date of the decision in Patil Automation (20.08.2022), without complying with Sec. 12A of the Act, then it must meet with rejection under Order 7, Rule 11, either on an application by the defendant or suo motu by the Court–If the suit was instituted prior to 20.08.2022 without complying with Sec. 12A and the same does not fall within one of the exceptional categories as explained in Para 47 of this judgment, then it would be open to the Court to keep the suit in abeyance and direct the parties to explore the possibility of mediation in accordance with the 2015 Act, the PIMS Rules and the 2020 SOP.


