Delhi HC Clarifies Strict Test for ‘Urgent Interim Relief’ Under Section 12A of Commercial Courts Act, 2015

The Delhi High Court held that “contemplates urgent interim relief” under Section 12A  of the Commercial Courts Act, 2015 requires strict judicial scrutiny to prevent misuse by litigants seeking to bypass mandatory pre-institution mediation.

The Court held that urgency must be genuine, factually supported, and limited to cases of imminent, irreparable harm where mediation delays would cause grave prejudice. 

Courts must assess factors like cause of action timeline, plaintiff’s approach, and potential prejudice before allowing exemption. Mere mechanical pleas of urgency, the Court cautioned, should be rejected.

[M/S Exclusive Capital Limited v. Clover Media Private Limited & Ors.]