A commercial suit that does not seek any urgent interim relief is filed without attempting pre-institution mediation. Under Section 12A of the Commercial Courts Act, 2015, the consequence is:

Explanation: Section 12A of the Commercial Courts Act, 2015 mandates that suits that do not contemplate urgent interim relief be referred to PRE-INSTITUTION MEDIATION before being filed. A plaint in such a commercial dispute that is filed without complying with Section 12A is LIABLE TO BE REJECTED by the court (as expeditious mediation is a condition precedent to institution). The provision was upheld by the Supreme Court, and its breach leads to rejection of the plaint. This gatekeeping is one of the most practically important features of the Commercial Courts regime.