In the case of Bharat Singh vs. Karan Singh and Others CS(OS) 427/2022, the High Court of Delhi addressed whether the mediation period should be included in the limitation time for filing a written statement. ​The court concluded that the time spent in mediation should be excluded from the limitation period. ​The court emphasized that forcing parties to file written statements during mediation would hinder the mediation process and contradict the spirit of mediation, which aims to achieve amicable settlements. ​

The court referred to previous judgments, including Telefonaktiebolaget L.M. ​Ericsson v. Lava International Limited 2015 SCC Online Del 13903, which supported the exclusion of mediation time from the limitation period. ​ Consequently, the court excluded the mediation period from 02.11.2022 to 24.01.2023 when calculating the limitation for filing the written statement. ​This decision allowed the written statements filed by Defendants No.1 and 4 within 120 days, excluding the mediation period, to be accepted, subject to the payment of costs. ​

Thus, the mediation period is not considered part of the limitation time for filing a written statement, as excluding this period supports the mediation process and aligns with the principles of achieving amicable settlements.