'Pre-Litigation Mediation Not Mandatory Where Genuine Urgent Relief Is Sought': Bombay HC
Mumbai, August 23, 2026: The Bombay High Court has held that a commercial suit cannot be rejected merely because the plaintiff housing society did not undergo mandatory pre-litigation mediation, if the suit genuinely contemplates urgent interim relief. The court said the urgency has to be examined from the plaintiff’s standpoint and in the context of the nature of the dispute and reliefs sought.…
The Bombay High Court has ruled that a commercial suit cannot be dismissed solely because the plaintiff housing society did not undergo mandatory pre-litigation mediation, provided the suit seeks genuine urgent interim relief. In a recent judgment, Justice Sandeep Marne rejected an interim application by Oberoi Realty Ltd, which sought to dismiss a suit filed by Exquisite Co-operative Housing Society Ltd. The dispute centers around the society's claimed rights in the Exquisite residential project, including a 25.33% undivided share in the land and corresponding rights in FSI and TDR.
The society sought conveyance of its share or compensation of Rs 500 crore, arguing that further construction by the developer would consume its rights. While Oberoi Realty argued that the urgency claim was merely a "disguise" to avoid the statutory mediation requirement, the court held that the suit genuinely contemplates urgent interim relief.
The court emphasized that the urgency must be examined from the plaintiff's standpoint and in the context of the dispute's nature, and that post-filing conduct cannot determine urgency when the suit was initially instituted.
Brief written by urgent.news from Free Press Journal's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
