https://www.taxtmi.com/caselaws?id=313040 Whether a suit contemplates urgent interim relief under Section 12A(1) of the Commercial Courts Act is determined from the plaint's frame, pleadings, and prayers, not from whether interim relief is ultimately granted. Where the plaint genuinely seeks immediate protection, the statutory requirement of pre-institution mediation does not apply. Here, the plaint pleaded imminent harm, irreparable injury, and the need for an urgent injunction, and the accompanying application sought ex parte ad interim relief. The suit was therefore treated as exempt from pre-institution mediation, and the request to reject the plaint under Order VII Rule 11 CPC was dismissed. en-us Mon, 08 May 2023 00:00:00 +0530 Wed, 20 Mar 2024 14:50:10 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313040 Whether a suit contemplates urgent interim relief under Section 12A(1) of the Commercial Courts Act is determined from the plaint's frame, pleadings, and prayers, not from whether interim relief is ultimately granted. Where the plaint genuinely seeks immediate protection, the statutory requirement of pre-institution mediation does not apply. Here, the plaint pleaded imminent harm, irreparable injury, and the need for an urgent injunction, and the accompanying application sought ex parte ad interim relief. The suit was therefore treated as exempt from pre-institution mediation, and the request to reject the plaint under Order VII Rule 11 CPC was dismissed. Case-Laws Indian Laws Mon, 08 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313040