Section 12-A Archives

High Point Supply Company Section 12-A Commercial Courts Act

Shardul Amarchand Mangaldas & Co. represents High Point Supply Company LLC before Bombay HC in S. 12-A Commercial Courts Act matter

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.

Case Briefs High Courts

‘Enough grounds to demonstrate that urgent relief was contemplated’; Bombay HC dismisses application seeking rejection of plaint on non-compliance of S.12A of Commercial Courts Act

“If the plaintiff is found to have indulged in deception or falsity by use of clever drafting, only to create an illusion of urgent interim belief, the Court would insist upon compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015.”