Summary
- The Delhi High Court has set aside a Section 12-A exemption order, emphasizing that trial courts must examine the plaint for urgent relief before granting mediation exemptions.
- A Single Judge Bench led by Justice Vikas Mahajan found that defendants were not given a chance to respond, despite their counsel's presence during the hearing.
- The court highlighted the necessity of assessing whether the suit genuinely contemplates urgent relief based on the plaint and supporting documents.
- This ruling mandates a fresh consideration of the Section 12-A application, potentially reshaping how pre-institution mediation is approached in commercial suits.
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