Section 12-A Commercial Courts Act Archives

Delhi HC: Trial Court must examine plaint for urgent relief before Section 12-A mediation exemption

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

Delay does not defeat urgent interim relief

Case Briefs High Courts

Delay alone doesn’t defeat urgent interim relief: Bombay HC restores suit rejected under Section 12-A Commercial Courts Act

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.

Case Briefs High Courts

Pre-institution mediation under Section 12-A, Commercial Courts Act not mandatory when suit contemplates urgent interim relief: Madras High Court

“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.”