Section 12-A Commercial Courts Act

Delay does not defeat urgent interim relief
Case BriefsHigh Courts

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.

Section 12-A of Commercial Courts Act
Case BriefsHigh Courts

“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.”