Supreme Court Clarifies Mediation Not Mandatory in Urgent IPR Suits

The Supreme Court held that courts must assess the plaintiff’s viewpoint while adjudicating commercial suits seeking urgent interim relief in infringement disputes, and may dispense with the mandatory pre-institution mediation required under Section 12A of the Commercial Courts Act, 2015.

The Bench clarified that plaintiffs invoking urgency to obtain immediate injunctions should not be automatically presumed to exploit the provision to evade mediation.

The Court emphasised that compelling mediation in cases of ongoing infringement would defeat the purpose of swift judicial protection. The ruling reinforces the need for judicial discretion in balancing procedural compliance and substantive justice. 

[Novenco Building and Industry v Xero Energy Engineering Solutions Private Ltd. & Anr.]