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Jan 23, 2024

SC Held That Mere Contemplation of Urgent Relief Should Not Be a Guise to Bypass Statutory Pre-Litigation Mediation

The SC in Yamini Manohar v. TKD Keerthi[1] held that Commercial Court should not permit the parties to bypass the statutory mandate of pre-litigation mediation by seeking a prayer for urgent interim relief. The SC held that Commercial Courts are conferred with the power to examine whether the plaint, documents, and facts indicate the need for an urgent interim relief. The Court observed that the Commercial Courts should be satisfied that urgent ad-interim relief is contemplated, failing which pre-litigation mediation needs to be undertaken, to ensure that the legislative object / intent behind the enactment of Section 12A of the Commercial Courts Act, 2015, is not defeated.

[1] Yamini Manohar v. T.K.D. Keerthi, 2023 SCC OnLine SC 1382.

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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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