The Madras High Court, in Aarthi Scans Private Limited vs. Konica Minolta Business Solutions India Private Limited, held that commercial suits involving credible and ongoing operational disruption can bypass mandatory pre-institution mediation under Section 12A of the Commercial Courts Act. The Court ruled that urgency must be assessed from the plaintiff’s perspective and at a threshold level, without examining merits of interim relief. It found that continued occupation of premises, recurring financial demands, and operational inconvenience justified immediate judicial intervention and directed the plaint to be numbered.
Please click here to read the full article by Dheeraj Nair, Partner, Vishrutyi Sahni, Partner, Muskaan Gupta, Associate, and Sahir Seth, Associate, published in Mondaq.
Dheeraj is a Partner with JSA since 2009. Dheeraj has over two decades of experience advising and representing clients on complex arbitrations, litigations and regulatory proceedings.