Mandatory Pre-Litigation Mediation and Agent Liability Under the Commercial Courts and Contract Acts

Highlights of the Judgment:
- Comprehensive analysis of the mandatory pre-institution mediation requirements under Section 12A of the Commercial Courts Act.
- Interpretation of exhaustion versus mere initiation of mediation prior to instituting a commercial suit.
- Evaluation of whether a post-filing non-starter report can cure an inherently defective plaint lacking prior mediation exhaustion.
- Application of Section 230 of the Indian Contract Act regarding the personal liability of an Indian shipping agent for a disclosed foreign principal.
- Distinction between contracts for the sale or purchase of goods and contracts of carriage under Section 230 exceptions.