High Court
Railways' SCR Treasury Account Not Immune To Attachment Without Proof Of Exempt Funds: Telangana High Court
The Telangana High Court has recently held that the Railways' SCR treasury account is not immune from attachment in execution proceedings in their entirety and that only specifically identifiable exempt amounts can be protected. Clarifying that exemptions under Section 60 of the Civil Procedure Code apply only to identifiable portions of funds and not entire accounts, the Court said, “It is also pertinent to note that the proviso to section 60(1) of the CPC carve-out exceptions from...
Madras High Court Dismisses Appeal Against Execution Order After Arbitral Award Attains Finality
After Jumbo World Holdings Ltd. and Dandavati Investments and Trading Company Pvt. Ltd. failed in their challenge to an arbitral award up to the Supreme Court, the Madras High Court has refused to entertain their appeal against an execution order passed in proceedings to give effect to the award, holding that such orders are not appealable under the statutory framework. The court held that orders passed in execution proceedings of an arbitral award that has attained finality neither constitute...
Authorities Where Immovable Properties Are Located Duty-Bound To Enforce Other High Court Orders: Karnataka High Court
The Karnataka High Court has held that when a Constitutional Court issues directions concerning immovable properties situated in another State, authorities where such properties are located are duty-bound to implement them.Justice Sachin Shankar Magadum was hearing a petition filed by Kotak Mahindra Bank Limited, a secured creditor of Electrex (India) Limited, seeking implementation of directions issued by the Bombay High Court concerning certain sale transactions involving mortgaged properties...
Telangana High Court Sets Aside Order Directing Swiggy To Furnish ₹58.6 Lakh Security In Recovery Suit
The Telangana High Court has recently set aside an order directing online food delivery platform Swiggy to furnish Rs 58.60 lakh as security or face attachment of its bank account before judgment in a money recovery suit over alleged unpaid dues for supplies. It held that such attachment cannot be ordered in the absence of material satisfying the requirements under Order XXXVIII Rule 5 of the Civil Procedure Code.Order XXXVIII Rule 5 CPC empowers a court to direct a defendant to furnish security...
Karnataka High Court Sets Aside $114,041 Decree, Says Time-Barred Claims Cannot Be Revived By Assignment
The Karnataka High Court has recently set aside a Commercial Court order directing Komtech Plastic Technologies India Pvt. Ltd. to pay USD 114,041 to Zrii Technologies Inc., holding that a time-barred claim cannot be revived through assignment of receivables, while modifying relief granted on equity shares.A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha held that the Commercial Court had erred in treating the dispute as a declaratory suit and in concluding that the claim...
Delhi High Court Temporarily Injuncts Bus Service And Manufacturing Entities From Using BharatBenz Mark
The Delhi High Court has temporarily barred several entities, including Getmohit Cab Private Limited and Shri Bheru Nath Motor Body, from using the “BHARATBENZ” mark in a trademark infringement suit filed by Daimler India Commercial Vehicles Pvt Ltd. The order was passed after the court granted an ex parte ad interim injunction, restraining the defendants and unidentified John Doe entities from using the mark or any deceptively similar mark in relation to buses and allied services. A bench of...
Delhi High Court Temporarily Restrains Ashiana From Using 'AL KAMDHENU GOLD' In TMT Bars
The Delhi High Court has granted an interim injunction in favour of Kamdhenu Limited, restraining Ashiana Ispat Limited from using the mark “AL KAMDHENU GOLD” or any mark deceptively similar to its “KAMDHENU” and “KAMDHENU GOLD” formative marks relation to steel products, including TMT bars. In a judgment delivered on April 10, 2026, Justice Tejas Karia held that Ashiana had failed to establish any prima facie proprietary rights in the impugned mark, observing that the 2002 agreement relied...
Labelling Clause As 'Arbitration' Doesn't Create Arbitration Agreement Without Mechanism For It: Punjab & Haryana HC
The Punjab and Haryana High Court has held that merely labelling a clause as “Arbitration and Applicable Laws” does not make it an arbitration agreement, refusing to appoint an arbitrator where the clause itself did not provide for the reference of disputes to arbitration. A bench of Justice Jasgurpreet Singh Puri held that Clause 8 of the Memorandum of Understanding dated January 13, 2020, executed between Rayat Educational and Research Trust and the Punjab Skill Development Mission, does not...
Kerala High Court Upholds Injunction Against 'HAZZA', Finds Prima Facie Infringement Of 'LAZZA' Trademark
The Kerala High Court has upheld an interim injunction restraining the use of the mark “HAZZA” in a trademark dispute, holding that the rival mark is prima facie deceptively similar to “LAZZA” and likely to cause confusion among consumers. A single-judge bench of Justice S. Manu was hearing an appeal filed by Taste Box challenging an order of the Additional District Court, Ernakulam, which had granted interim injunction in favour of JSF Holdings Pvt Ltd. "in my view, the appellant, by adopting...
Calcutta HC Questions GST Officer's Demand For Personal Appearance When Law Allows Representation Through Counsel
The Calcutta High Court said GST authorities had no basis to insist that a Kanpur-based proprietor appear in person in proceedings over the detention of goods supplied to Maa Kali Traders, especially when the law allows representation through an authorised representative. In an order dated April 7, 2026, Justice Kausik Chanda disposed of a writ petition arising from the detention of a consignment of pan masala and the vehicle carrying it, which had been intercepted while in transit. The Court...
Bombay High Court Upholds Refusal Of Interim Injunction Io Laser Shaving In SETMAX Blades Trademark Dispute
The Bombay High Court has recently declined to step in against a Single Judge's refusal to grant interim relief to Laser Shaving India Pvt Ltd in its dispute over the “SETMAX” mark, noting that the company had suppressed key facts and taken inconsistent positions. In a judgment delivered on April 6, 2026, a Division Bench of Justice Bharati Dangre and Justice Manjusha Deshpande said there was no reason to disturb the Single Judge's exercise of discretion. The court pointed out that the...
Karnataka HC Allows Arbitration Plea Filed By Retired Partner As It Was Not Filed As Partner Of Unregistered Firm
The Karnataka High Court has held that, in the facts of the case, a retired partner can seek to refer a dispute to arbitration to defend himself in a recovery suit, and such a plea cannot be rejected merely because the partnership firm was not registered. A Division Bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha was considering an appeal challenging an order of the Commercial Court, which had refused to refer the parties to arbitration under Section 8 of the Arbitration...












