Plaintiff may not exhaust remedy of pre-institution mediation under S. 12A(1) of Commercial Courts Act, 2015

Chandra Kishore Chaurasia Vs R A Perfumery Works Private Ltd (Delhi High Court) Conclusion: Delhi High Court held that a suit, which contemplates urgent interim relief, is excluded from the rigor of Section 12A(1) of the Commercial Courts Act, 2015. Thus, a plaintiff seeking to institute a suit involving urgent interim relief(s) is not required to exhaust the remedy of pre-institution mediation. Facts: The appellant (plaintiff) has filed the present appeal impugning an order dated 05.08.2021 (hereafter ‘the impugned order’), passed by the learned District Judge, Commercial Court-II, Shahda...