Topic
The Bombay High Court clarifies the scope of Section 12-A of the Commercial Courts Act, holding that urgent interim relief must be genuinely pleaded to bypass pre-institution mediation.
Delhi High Court ruled that a plaintiff can obtain a Section 12A exemption when a continuing IP infringement case demands urgent interim relief, permitting the court to order release of title deeds against cash security. This clarifies that mediation waiver is available for time-sensitive IP disputes, affecting commercial litigants seeking swift injunctive relief.
Sikkim High Court clarifies that mandatory pre-institution mediation under Section 12A of the Commercial Courts Act does not apply to suits filed before the 20.08.2022 amendment, shielding litigants from procedural dismissals. The ruling ensures legal certainty for pending commercial disputes and reinforces the non-retrospective application of procedural amendments.
The Bombay High Court has ruled that non-compliance with Section 12-A’s pre-institution mediation requirement does not warrant rejection of a commercial suit under Order VII Rule 11 CPC, provided the court has directed mediation and kept the suit in abeyance. This protects litigants from procedural dismissal when courts actively facilitate mediation, reinforcing the Act’s intent to encourage settlement without penalizing procedural delays caused by judicial direction.
The Bombay High Court has ruled that plaintiffs seeking urgent interim relief-such as restraining the dissipation of assets or blocking third-party dealings-need not comply with mandatory pre-institution mediation under Section 12-A if delay would cause irreparable harm. This clarifies that procedural compliance must yield to equitable urgency in commercial disputes involving time-sensitive rights, directly impacting asset reconstruction firms and contract enforcement litigants.
Bombay High Court holds that alternate judges cannot hear review applications when the original judge is temporarily on leave, reinforcing mandatory procedural compliance under CPC Order XLVII Rule 5.