Suit Filed Before SC's Patil Automation Judgment Can't Be Returned For Non-Compliance Of S.12-A Commercial Court Act

The Allahabad High Court ruled that a suit filed before the Supreme Court’s Patil Automation judgment cannot be returned for non-compliance with Section 12-A of the Commercial Courts Act, 2015. The Court clarified that pre-institution mediation under Section 12-A applies prospectively from 20.08.2022 and does not affect suits filed earlier. Accordingly, the Commercial Court’s order returning the plaint was set aside. The Court emphasized that procedural mandates introduced later cannot be retroactively applied, ensuring fairness and upholding the principle of prospective overruling. This decision protects litigants from penal consequences due to subsequent procedural changes.