The Bombay High Court (‘Bombay HC’) in Guiness Securities Ltd. v. National Stock Exchange of India Ltd.[1] held that once ad-interim / interim relief is granted by a Court, it is to be necessarily presumed that such relief is predicated on the urgency exhibited by the plaintiff and therefore, the plaint cannot be rejected for non-compliance with the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act, 2015. The Bombay HC further held that the Court cannot, while deciding an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, re-examine the findings in the Order granting the ad-interim / interim relief.
[1] Guiness Securities Ltd. v. National Stock Exchange of India Ltd. & Ors., IAL-34845 of 2024 in Comm. Suit No. 64 of 2024, Bombay High Court (decided on August 21, 2026).