“One step forward, 20 steps backwards”, Supreme Court on mandatory pre-suit mediation

The Supreme Court today expressed serious reservations about the mandatory pre-suit mediation introduced with respect to commercial cases by way of Section 12A of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Ordinance, 2018..During the hearing of the suo motu case pertaining to disposal of original suits, Justice Ranjan Gogoi who is presiding the Bench also comprising Justices Navin Sinha and KM Joseph, remarked,.“I know the facility for mediation in the rest of the country. Where is the manpower, infrastructure? This is one step forward and 20 steps backwards“, Justice Gogoi told Senior Advocate Harish Salve, who is appearing for Delhi High Court in the matter..Justice Gogoi also said that his Court was in the midst of hearing some criminal matters and,.“We don’t want to tell you in open court about what is happening. Every case is an example of what should not be happening.”.Salve gave a prima facie opinion that for implementing pre-suit mediation, the judiciary would need more judges..The Court asked Salve to “reflect” upon it and proceeded to adjourn the matter for October 10..Earlier, Salve had told the Court about the various changes which the Delhi High Court was proposing to introduce to streamline and expedite disposal of civil suits in the High Court..Last month, the Delhi High Court had also issued notice in a petition challenging the premature introduction of Section 12A of the Commercial Courts Ordinance, 2018..The Bench of Justices Ravindra Bhat and AK Chawla had issued notice in the petition filed by Daramic Battery Separator India Pvt. Ltd, through Advocate Vipul D Sundriyal..The grievance highlighted by the petitioner was that there is currently no mechanism in place for mandatory pre-institution mediation, effectively leaving one section of aggrieved parties remediless.