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Supreme Court Clarifies Scope of “Urgent Interim Relief” under Section 12A of the Commercial Courts Act November 11, 2025
Published in: Alerts
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In Novenco Building and Industry A/S v. Xero Energy Engineering Solutions Pvt. Ltd. & Anr. (2025 INSC 1256), the Supreme Court held that in cases of continuing infringement, urgency must be assessed based on the nature of the alleged wrong and its ongoing impact, not merely on the time taken to file the suit.
The Court clarified that while pre-institution mediation under Section 12A is mandatory, plaintiffs facing continuous infringement and potential irreparable harm may seek direct judicial relief without it.
This decision provides clarity on interpreting “urgent interim relief” and reinforces the right to prompt legal protection in ongoing IP disputes.
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