Bombay High Court
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|Monday, 23 February 2026BHC Rules on Mediation Requirement in Advanced Technology Products Inc. vs Oriental Export Corporation
Bench
R. I. CHAGLA, J.
R.I. Chagla
BHC Rules on Mediation Requirement in Advanced Technology Products Inc. vs Oriental Export Corporation (2026) held that The requirement for pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory and must be complied with before filing a suit.
In the case of Advanced Technology Products Inc. vs Oriental Export Corporation, the appellant challenged an ex parte order that allowed the respondent to register a suit without fulfilling the mandatory pre-institution mediation requirement under the Commercial Courts Act. The appellant, a corporation based in Ohio, faced quality issues with products supplied by the respondent, leading to a safety recall. The court ultimately ruled that the review application was invalid due to lack of notice to the appellant, thereby upholding the original order that required mediation before proceeding with the suit.
The requirement for pre-institution mediation under Section 12A of the Commercial Courts Act, 2015 is mandatory and must be complied with before filing a suit.
An ex parte order passed without notice to the opposite party is invalid and can be challenged in a higher court.
The court emphasized the importance of procedural fairness in judicial proceedings, particularly in commercial disputes.
Ex parte order passed allowing registration of the suit without mediation
Original order rejecting suit registration without mediation
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Demand notice issued by appellant to respondent regarding indemnity
Case reserved for judgment
Final judgment delivered
