Commercial Courts Act
In Jharkhand, Civil Judge (Sr. Division) Has Jurisdiction To Try Trademark Infringement Suits Valued Between ₹3 Lakh & ₹1 Crore: High Court
The Jharkhand High Court has held that in the State of Jharkhand, where the pecuniary value of a commercial dispute is between ₹3 lakh and ₹1 crore, a Civil Judge (Senior Division) designated as a Commercial Court has the jurisdiction to try a trademark infringement suit. A Bench of Chief Justice Tarlok Singh Chauhan and Justice Sujit Narayan Prasad held so while allowing a commercial appeal filed by M/s Khemka Food Products Pvt. Ltd. against a 2024 order of the Civil Judge (Sr....
Court Must Scrutinise Invocation Of Expression 'Urgent Interim Relief' By Litigants U/S 12A Of Commercial Courts Act: Delhi High Court
The Delhi High Court has held that the expression “contemplates urgent interim relief” under Section 12A of the Commercial Courts Act 2015 though not defined under the statute, demands a rigorous scrutiny of commercial suits bypassing mandatory mediation to ensure that the benefit of exemption under the provision is not misused by unscrupulous litigants.For context, Section 12A mandates mediation before the institution of a commercial suit.Sub-section (1) thereof carves out an exception in suits...
Kerala Court Awards ₹1 Crore Compensation To 'MILMA' In Trademark Dispute Against 'MILNNA'
The Principal Commercial Court, Thiruvananthapuram, has passed a judgment in favour of the Kerala Co-operative Milk Marketing Federation Limited (plaintiff), popularly known as Milma, in a trademark dispute initiated by it against the defendant's brand “MILNNA”.The judgment was passed by Smt. Mariam Salomi, Principal Commercial Judge, Thiruvananthapuram.FactsThe plaintiff is a Co-operative Society incorporated in 1980 and is a state adjunct of the National Dairy Programme 'Operation Flood'. Its...
All Trademark Disputes Aren't Outside Arbitration; In Personam Issues Relating To License Agreement Arbitrable : Supreme Court
The Supreme Court recently held that a mere allegation of fraud or misconduct does not divest an arbitral tribunal of its jurisdiction to adjudicate in personam disputes stemming from contractual relationships governed by an arbitration agreement.“The law is well settled that allegations of fraud or criminal wrongdoing or of statutory violation would not detract from the jurisdiction of the arbitral tribunal to resolve a dispute arising out of a civil or contractual relationship on the basis of...
High Court May Grant Article 227 Interim Relief In Arbitration Proceedings In Exceptional Cases : Supreme Court
aThe Supreme Court (May 7) held that while the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) mandates minimal judicial interference, a High Court may, in exceptional cases, exercise its supervisory jurisdiction under Article 227 of the Constitution to grant interim relief, particularly where denial of such protection would result in irreparable harm. “We are aware of the established legal principle that the Courts should refrain from interfering with the invocation of a bank...
State Ignored Its Own Obligations, Unilaterally Penalised Contractor Overlooking Difficulties Faced In Completing Canal Construction: Rajasthan HC
The Rajasthan High Court set aside a commercial court's order passed against a company whose contract for constructing a canal was terminated by the State for allegedly not completing the work. In doing so the high court noted that the commercial court's order was erroneous and based on assumptions as it did not consider the non-performance of the Employer's obligation which went to the "root of the matter". The court also observed that the contractor had demonstrated before the commercial...
Original Side Rules On Accepting Counterclaim & Reply Need Amending Due To Rigidity Of S.18 Of Commercial Courts Act: Calcutta HC Frames Guidelines
The Calcutta High Court has held that the court's original side rules on accepting of plaint and counterclaim need to be amended due to the rigidity of Section 18 of the Commercial Courts act. In doing so, the bench of Justices Soumen Sen and Biswaroop Chowdhury also framed guidelines for the same till the amended rules were implemented. The Court held: In view of the stringent provisions in the Commercial Court Act, with regard to filing of pleadings and more particularly written statement...
Supreme Court Seeks Data From High Courts On Pendency Of Commercial Disputes & Available Commercial Court Infrastructure
In a matter pertaining to implementation of the Commercial Courts Act, 2015, the Supreme Court today called on High Courts across the country to furnish data on pendency of commercial disputes and the infrastructure available for dealing with the same.A bench of Justices KV Viswanathan and N Kotiswar Singh was dealing with a petition seeking directions for time-bound implementation of the Commercial Courts Act, 2015. Earlier, when the matter was taken up in 2023, the Court had asked Union of...
Urgent Need To Approve Amended Rules For Issuing Notice/ Summons By Email In Commercial Courts: Karnataka High Court To State
The Karnataka High Court has directed the state government to inform by February 25, on the status of the recommendation made by the High Court for amendment of rules allowing service of notices/summons through email in the Commercial courts at Bangalore.Justice R Devdas while hearing the petition filed by Advocate Anirudh Suresh said, “The State government should be informed that there is an urgent need to approve the rules for service of notice through email.” Suresh informed the court about...
Dispute Regarding Share Purchase Agreement Not Maintainable Before Commercial Court: Karnataka High Court
The Karnataka High Court has held that a dispute related to the recovery of money in regard to the share purchase agreement is not maintainable before the Commercial Court.A single judge, Justice H T Narendra Prasad allowed the petition filed by Bhashakar Naidu challenging the order of the Commercial Court which had rejected its application filed under Order VII Rule 10 of the Civil Procedure Code, for returning the money recovery suit filed by Arvind Yadav. The petitioner had argued that he...
Plea For Recovering Dues Against Vessel Under Admiralty Act, Which Is A Special Statute, Maintainable Before High Court: Karnataka HC
The Karnataka High Court has said that a petition filed seeking a decree against a vessel (ship) would be maintainable before the High Court under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 and not before the Commercial Court.Justice Dr Chillakur Sumalatha held thus while dismissing the petition filed by Shipoil Limited, seeking to return the petition filed by M. T. Standorf. The respondent had filed the petition seeking the Court to pass a decree against the vessel...