The Supreme Court of India, in a significant judgment, has clarified the interpretation of “contemplates any urgent interim relief” under Section 12A of the Commercial Courts Act, 2015, particularly in its application to intellectual property (IP) infringement actions.

The Court held that in suits alleging continuing infringement of IP rights, mere delay in approaching the court does not by itself negate the element of urgency required to seek an exemption from mandatory pre-institution mediation.

The bench, comprising Justice Sanjay Kumar and Justice Alok Aradhe , allowed the appeal filed by Novenco Building and Industry A/S, setting aside the judgments of a Division Bench and a learned Single Judge of the Himachal Pradesh High Court, which had rejected the appellant’s commercial su

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