Disputes Relating To Payment For Work Done Not Covered Under “Excepted Matters” Arbitrable: MP High Court

The Indore Bench of the Madhya Pradesh High Court on 4 May appointed an arbitrator in a dispute between Western Railway and a service provider after rejecting the Railway's contention that the dispute was non-arbitrable, holding that claims for payment of dues for work already executed fall outside the “excepted matters” under the contract. Justice Pavan Kumar Dwivedi allowed the petition under Section 11 of the Arbitration and Conciliation Act, 1996, observing: “In view of the above analysis...

Delhi High Court Restrains Maxx Farmacia From Using 'MAXX-RICH' Mark, Trade Dress In Cipla's Plea

The Delhi High Court on 29 May granted an ad-interim injunction in favour of Cipla Health Limited and restrained Maxx Farmacia India LLP and two other defendants from using the mark 'MAXX-RICH' and its associated trade dress for multivitamins, iron tonics, syrups and antibiotics in a trademark infringement and passing off suit. Justice Jyoti Singh also barred the defendants from marketing, selling or advertising the impugned products under the challenged mark or deceptively similar packaging...

Karnataka High Court Sets Aside ED Attachment Order, Says Copy-Paste Of Statutory Language Not Enough

The Karnataka High Court has recently set aside an Enforcement Directorate (ED) provisional attachment order, holding that a copy-paste of statutory language, without demonstrating from the material on record why immediate attachment was necessary, does not satisfy the requirements of law. Justice S. Sunil Dutt Yadav observed: “In the guise of adherence to law mere copy-paste of statutory language to indicate compliance would not be sufficient. There must be application of mind to the...

Cheque Dishonour Notice Must Specify Amount Demanded, Else No Valid Notice In Eye Of Law: Kerala High Court

The Kerala High Court has held that a statutory demand notice issued in a cheque dishonour case must specifically mention the amount demanded, failing which there would be no legal notice in the eye of law. “Only when the notice is specific about the amount, it is possible for the recipient of the notice to pay the amount which was specifically asked for to avoid penal consequences,” the Court observed. Justice A Badharudeen made the observation while dismissing an appeal filed against the...

Stock Broker Prima Facie Committed Criminal Breach Of Trust By Withholding Share Sale Proceeds Karnataka High Court

The Karnataka High Court on Tuesday dismissed a writ appeal filed by stock broker SIC Stocks and Services Pvt Ltd. The Court upheld a direction requiring the firm to pay over Rs 2.46 crore to a client whose shares were allegedly sold without its consent. The court observed that the sale proceeds belonged to the client and were held by the broker in trust. It added that the conduct prima facie, amounted to criminal breach of trust. A Division Bench of Chief Justice Vibhu Bakhru and Justice K S...

Gujarat High Court Temporarily Halts Arbitration Over Vapi Lakes Lease Agreements

The Gujarat High Court on Monday directed that no further proceedings be conducted in arbitration proceedings between Vapi Municipal Corporation and Shashijit Infra Projects Limited arising from lease agreements relating to Lakhamdev Lake, Dungra Lake, and Chala Lake in Vapi. The direction will remain in force until the next hearing before the Court on June 18. Justice L.S. Pirzada passed the order while issuing notice in petitions filed by the Municipal Corporation challenging the continuation...

Mere Status As Ultimate Beneficiary Does Not Warrant Impleadment Of Non-Signatory In Arbitration: Delhi HC

The Delhi High Court has reiterated that arbitration is founded on consent and party autonomy, holding that an entity cannot be impleaded in arbitral proceedings merely because it is the ultimate beneficiary of a project. The Court set aside orders that had added IIM Jammu as a party to arbitration-related proceedings arising from disputes between Ramacivil India Construction Pvt. Ltd. and the Central Public Works Department (CPWD) over construction of the permanent campus of IIM Jammu at Jagti,...

Delhi High Court Orders Takedown of Pornographic Content, AI Deepfakes Using Actor Naga Chaitanya's Persona

The Delhi High Court has directed multiple pornographic websites, Google LLC, IndiaMart and a merchandise seller to take down specified content and listings using Telugu actor Akkineni Naga Chaitanya's name, image and likeness. The court passed the directions after finding a prima facie case for granting interim protection in a personality rights suit filed by the actor. The defendants concerned have been directed to comply with the order within 24 hours of receiving it. Justice Jyoti Singh...

Technical Glitch Could Have Misled Bidder; Kerala High Court Directs Central Bank To Refund Auction Deposit

The Kerala High Court has upheld a direction requiring the Central Bank of India to refund money deposited by an auction participant after finding that an admitted technical glitch could have led her to believe that her bid had not been accepted. A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. passed the order while partly allowing an appeal filed by the Bank against a Single Judge's decision directing a refund of the amount deposited by the auction participant and...

Delhi High Court Revokes Gujarat Pesticides' ZOOOK Copyright Registration Over Flawed Search Certificate

The Delhi High Court has recently revoked a copyright registration granted to Gujarat Pesticides for an artistic work titled "ZOOOK", after finding procedural flaws in the process that led to its grant. The court noted that the registration was founded on a Trade Marks Search Certificate that was contrary to the Trade Marks Register. It also found that the registered proprietor of the ZOOOK mark was not notified despite having an interest in the subject matter. Justice Jyoti Singh, in a...

Arbitration Act 2015 Amendment To Section 12(5) Cannot Be Applied Retrospectively: Punjab & Haryana High Court

On 29 May, the Punjab and Haryana High Court held that executing courts cannot retrospectively apply the post-2015 neutrality regime under Section 12(5) of the Arbitration and Conciliation Act, 1996, to refuse enforcement of arbitral awards rendered under the law prevailing at the time of the arbitrator's appointment. A Bench of Justice Jasgurpreet Singh Puri allowed the revision petitions, set aside seven executing court orders, and directed continuation of execution proceedings. It observed: ...

IBC Resolution Plan Acceptance Is “Settlement” Under Section 16 Court Fees Act: Delhi High Court

On 1 June, the Delhi High Court held that acceptance of claims under a resolution plan in insolvency proceedings amounts to a “settlement” within the meaning of Section 16 of the Court Fees Act, 1870, thereby entitling a plaintiff to refund of court fee upon withdrawal of the suit. Justice Subramonium Prasad allowed Sainik Industries Pvt. Ltd. to withdraw its recovery suit against Indian Sugar Manufacturing Company Ltd. and directed refund of the entire court fee. He held: “However, the...