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ARTICLE · 03 NOVEMBER 2026

Litigation & ADR Newsletter October 2026

King, Stubb & Kasiva
King, Stubb & Kasiva
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King, Stubb & Kasiva

King, Stubb & Kasiva

King Stubb & Kasiva is few of the top corporate law firms in India with offices in Bengaluru,...

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The Delhi High Court held that pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, is mandatory and must be undertaken against all defendants from whom relief is sought in a commercial suit. The Court held that initiating mediation against an Indian subsidiary does not satisfy the statutory requirement in respect of its foreign parent company, as the two are separate legal entities

IndiaLitigation, Mediation & Arbitration
K. Vidya
K. Vidya
Smita Paliwal
Smita Paliwal
Deepika Kumari
Deepika Kumari
Zeeshan Farooqui
Zeeshan Farooqui
Atul Menon
Atul Menon
Surbhi Kapoor
Surbhi Kapoor
Aditya Bhattacharya
Aditya Bhattacharya
Navod Prasannan
Navod Prasannan
Simran Tandon
Simran Tandon
+1 more
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1. DELHI HC: PRE-INSTITUTION MEDIATION MUST BE INITIATED AGAINST ALL DEFENDANTS BEFORE INSTITUTING A COMMERCIAL SUIT

Summary

BEFORE THE HON’BLE HIGH COURT OF DELHI

Vcare Infotech Limited v. Check Point Software Technologies & Ors.

CS(COMM) 1047/2025 & I.A. 32566/2025

I.A. 656/2026

Judgment Dated: September 17, 2026

Summary

The Delhi High Court held that pre-institution mediation under Section 12A of the Commercial Courts Act, 2015, is mandatory and must be undertaken against all defendants from whom relief is sought in a commercial suit. The Court held that initiating mediation against an Indian subsidiary does not satisfy the statutory requirement in respect of its foreign parent company, as the two are separate legal entities. Accordingly, the Court rejected the plaint under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (CPC), while granting liberty to the plaintiff to institute a fresh suit after complying with Section 12A

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