Recovery Officer Cannot Attach SARFAESI Statutory Pre-Deposit U/S 28(4) RDB Act: Kerala High Court

The Kerala High Court on 31 August held that a Recovery Officer cannot attach a statutory pre-deposit made by a borrower under the second proviso to Section 18 of the Securitisation and Reconstruction of Financial Assets Enforcement of Security Interest Act, 2002 (SARFAESI Act), by invoking Section 28(4) of the Recovery of Debts and Bankruptcy Act, 1993. A Division Bench of Chief Justices Soumen Sen and Syam Kumar V.M. set aside the Recovery Officer's order attaching E.T. Firoz's Rs....

Bombay High Court Restrains Cloud Kitchen From Using 'BARBECUE' Mark Over Similarity With Restaurant

On 1 September, the Nagpur Bench of the Bombay High Court temporarily restrained Barbeque, Gokulpeth, a cloud kitchen from using the mark “BARBECUE” or “BARBEQUE” in a trade mark dispute with Barbecue and Barbecue Food Services Pvt Ltd, which has operated a restaurant under the mark at Sadar, Nagpur, since 1994. Justice Y.G. Khobragade allowed an appeal filed by Tervinder Singh Jhans, the registered proprietor of the restaurant, against the District Judge, Nagpur's order which had declined...

Customs Broker Has Right To Cross-Examine Witnesses In Licence Revocation Inquiry: Delhi High Court

On 1 September, the Delhi High Court held that a Customs Broker is entitled to cross-examine witnesses whose statements are relied upon in proceedings for revocation of its licence under the Customs Brokers Licensing Regulations, 2018 (CBLR). A Division Bench of Justices Anil Kshetarpal and Shail Jain upheld the remand of the revocation proceedings for fresh adjudication after granting Vogue Logistics Pvt. Ltd. an opportunity to cross-examine the witnesses. It observed: “Regulation 17(3) of...

Once Referred To Arbitration Suit Cannot Remain Pending Before Civil Court: Calcutta High Court

The Calcutta High Court on 31 August held that once a civil court refers parties to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, the suit does not remain pending before the civil court. A Division Bench of Justices Sabyasachi Bhattacharyya and Sandip Kumar De allowed an appeal by Badri Narayan Bhatter and another, restored a partition suit and directed the Trial Court to appoint a Receiver for the disputed Kolkata property. The judges held: “...Section 8 of the...

Bombay High Court Restrains Former Licensee From Using 'Mount Litera Zee School' Mark Pending Arbitration

On 1 September, the Bombay High Court restrained a Dehradun-based school from using the “MOUNT LITERA ZEE SCHOOL” and “MLZS” marks and the MLZS Program pending arbitration.Justice Amit Borkar partly allowed a petition filed by Zee Learn Limited seeking interim relief against Pragati Shiksha Shrot Trust, Dehradun, pending arbitral proceedings. He held that a former licensee cannot continue using a licensor's mark after termination of the licence agreements. He observed:“Pending commencement and...

Delhi High Court Temporarily Restrains Patson Foods From Using Ching's Secret's 'Schezwan Chutney' Mark

The Delhi High Court on 25 August temporarily restrained Patson Foods (India) Private Limited from selling or marketing its “Rasanand Schezwan Chutney” product, after noting that the company had gone back on its written undertaking to stop using Capital Foods Private Limited's registered trademark “Schezwan Chutney”. Justice Jyoti Singh held that Capital Foods, the company behind the Ching's Secret brand, had established a prima facie case of trademark infringement and passing off. The Bench...

Patna High Court Refuses To Interfere With ₹60.88 Lakh Service Tax Demand Against FCI Contractor

The Patna High Court on 28 August refused to interfere with a Service Tax demand of Rs. 60.88 lakh, along with interest and penalties, raised against a contractor engaged by the Food Corporation of India (FCI). A Division Bench of Justices Rajeev Ranjan Prasad and Ramesh Chand Malviya dismissed the writ petition filed by Anjani Kumar Singh, while granting him liberty to pursue the statutory remedy available under law. It observed: “We have noticed that neither before the competent...

Delhi High Court Restrains YouTube Loan Settlement Channels From Using IDFC First Bank's Marks

The Delhi High Court on 24 August restrained individuals and entities operating YouTube channels including “Settlement Guru”, “AHK Tips”, “Expert Loan Settlement Advice”, “Kunal Kumar Tutorial” and “Loan Wala Bishu” from using IDFC First Bank's registered trademarks and fabricated settlement letters bearing the Bank's logo. Justice Jyoti Singh was hearing an application filed by IDFC First Bank seeking an interim injunction against the operators of these channels. The Bench held: “Prima facie,...

Madras High Court Rejects Vinbros Plea To Sue Rivals Over 'Blue Grape' Trademark

The Madras High Court on 28 August rejected liquor manufacturer Vinbros & Co.'s plea to sue two rival entities, Chamundi Winery and Distillery and R.R. Wine Mart, before it for alleged infringement of its “Blue Grape” trademark. A Bench of Justice K. Kumaresh Babu observed: “The fact that the situs of the registration of Trade Marks is with the Trade Marks Registry at Chennai by itself would not be sufficient to give rise to cause of action to institute the suit in the Madras High Court,...

Trial Courts Can't Demand Unrelated Police Statistics While Examining Charge-Sheet: Delhi High Court

The Delhi High Court has held that while a Magistrate can direct further investigation if dissatisfied with a police report, a trial court cannot seek statistical information that has no bearing on the investigation in the case before it. Justice Manoj Jain made the observation while dealing with three petitions filed by Station House Officers (SHOs) challenging directions issued by the trial court in three cases registered under the Delhi Excise Act, 2009 following the recovery of illicit...

Madras High Court Rejects YouTube's Summary Dismissal Plea In Sri Eshwar College Disparagement Case

The Madras High Court on 28 August declined to summarily dismiss a suit filed by Sri Eshwar College of Engineering against YouTube (Google LLC) over allegedly disparaging videos hosted on the platform, holding that the issue of non-joinder of the video originators could not be decided at the threshold. Justice K. Kumaresh Babu was hearing an application filed by YouTube seeking dismissal of the suit at the threshold, without the matter proceeding to trial. Instead, the Bench directed the...

Delhi High Court Refuses Writ Pleas Against GST Order Covering 629 Firms In Fake Invoice Case

The Delhi High Court on 21 August declined to entertain petitions challenging an adjudication order passed against 629 firms and individuals in connection with an alleged large-scale fake invoice racket, holding that disputed factual issues concerning their individual roles should be examined by the statutory Appellate Authority. A Division Bench of Justices Anil Khetarpal and Shail Jain relegated the petitioners to the statutory remedy of appeal, holding that whether their replies to the Show...