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left arrow Oct 27, 2026

Bombay HC Holds that When Ad-Interim / Interim Relief is Granted, Suit Would be Exempt from Pre-Institution Mediation

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).

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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