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.
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.