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Delhi High Court set aside a Section 12-A exemption order, holding that defendants must be heard and the plaint must be examined to determine whether urgent relief is genuinely contemplated
At the Commercial Mediation Conclave India 2026, curated and hosted by The PACT, a senior advocate, a public sector bank executive and a general counsel spoke candidly about what mediation actually looks like once lawyers and clients are inside the room, and about the practical, cultural and institutional obstacles that keep Indian commercial disputes from reaching it in the first place.
At the Commercial Mediation Conclave India 2026, experts examined the evolving role of lawyers and law firms in promoting mediation, advising clients on when to pursue settlement, developing internal awareness and training, and ensuring that mediation is conducted through a structured and professional process.
The High Court held that the enquiry under Section 12-A(1), Commercial Courts Act is limited to whether the suit genuinely contemplated urgent interim relief and that the plaint must be examined holistically without adjudicating the merits of the interim relief.
The judgment provides important guidance on the interpretation of the exception to mandatory pre-institution mediation under Section 12-A of the Commercial Courts Act. It clarifies that while the exception must be construed strictly, courts must assess urgency on the basis of the overall factual matrix rather than a narrow or merits-based inquiry.
The Court reiterated the golden rule of law that when a specific statutory provision to do certain act is codified under the statute, such an act must be and should be done in the same manner as codified under the statute or not at all. Any other mode is expressly forbidden in law.
Explore the latest Supreme Court Cases in 2026 SCC Vol. 4 Part 5 on double taxation, insurance contract, pre-institution mediation, and more.
“We cannot say that the interim relief sought for by the plaintiff is a camouflage to bypass the mandatory Pre-Institution Mediation procedure contemplated under Section 12-A, Commercial Courts Act, 2015.”
Arjun Ram Meghwal updates Parliament on the progress of Pre-Institution Mediation in commercial disputes under the Commercial Courts Act, 2015.
2025 SCC Vol. 9 Part 3: Explore the latest Supreme Court Cases on Forest Act, Motor Vehicles Act, NI Act, Commercial Courts Act, and IBC.
“Once copyright infringement is the core relief, incidental or ancillary reliefs, whether based on confidentiality, trade secrets, or passing off, do not affect maintainability of the suit as a whole.”
‘Section 12-A of the Commercial Courts Act aims and visualizes a situation where there may not be an institution of any fresh case, once the matter is settled through pre-institution mediation.’
Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.
by Abhijnan Jha* and Urvashi Misra**