The window of genuine urgency cannot be used to override Section 12A of the Commercial Courts Act, 2015 – Ekta Housing Pvt. Ltd. Vs. Shraddha Shelters Pvt. Ltd. and Ors. – Bombay High Court
Section 80 of the CPC has been enacted as a measure of public policy with the object of ensuring that before a suit is instituted against the Government or a public officer, the Government or the officer concerned is afforded an opportunity to scrutinize the claim in respect of which the Suit is proposed to be filed and if it is found to be a just claim, to take immediate action and thereby avoid unnecessary litigation and save public time and money by settling the claim without driving the person who issued notice, to institute the Suit involving considerable expenditure and delay, similarly, the mandatory provision of Section 12A of the Commercial Courts Act, 2015 of pre-institution mediation is to afford an opportunity to settle the claim to avoid unnecessary litigation involving expenditure and delay and that the window for genuine urgency cannot be used as a mechanism to override Section 12A of the said Act.