Can Mediation Period Be Excluded While Computing Limitation For Written Statements? Delhi HC Refers Issue To Larger Bench

The Delhi High Court has recently referred to a larger bench the question of whether the time spent in mediation should be excluded while calculating the limitation period for filing a written statement or replication under the Delhi High Court (Original Side) Rules, 2018. Justice Subramonium Prasad observed that conflicting judicial opinions within the high court have created uncertainty on the issue. The court held that an authoritative pronouncement is necessary to avoid conflicting...

Delhi HC Grants Interim Injunction Against Use Of 'Freelite' Oil Mark For Similarity With 'Freedom'

On 1 July, the Delhi High Court granted an ad-interim injunction restraining the makers of 'Freelite' sunflower oil from using the impugned mark and trade dress in a trademark infringement suit filed by Gemini Edibles and Fats India Ltd, proprietor of the 'Freedom' brand of edible oils. Justice Anup Jairam Bhambhani observed: “Considering the plaintiff's trademark and trade-dress in relation to sunflower oil as set-out in the plaint, on a first blush look, it appears that the trademark and...

Delhi High Court Upholds ₹130 Crore Arbitration Award Against South Eastern Railway

The Delhi High Court has upheld an arbitral award of more than ₹130 crore in favour of Sara International Pvt. Ltd. against South Eastern Railway. It held that the Railways could not seek a fresh appreciation of evidence after repeatedly failing to cross-examine the company's witnesses or produce rebuttal evidence before the arbitral tribunal. Justice Jasmeet Singh observed, "For the reasons best known to it, the petitioner elected not to avail any opportunity granted by the AT and has...

Contractor Must Prove Loss Of Profit On Unexecuted Work; No Automatic Damages: Karnataka High Court

The Karnataka High Court has held that a contractor claiming damages for loss of profit on unexecuted works is not barred from raising such a claim merely because the work remained unexecuted. However, the contractor must prove that it actually suffered the loss. "If a contractor is prevented from executing the contract on account of reasons attributable to the employer, the contractor is not precluded from raising a claim for loss of profits for the unexecuted works," the court observed. It...

Parties Cannot Choose Court To Extend Arbitrator's Mandate After Statutory Period Ends: Gujarat High Court

The Gujarat High Court on Thursday held that once the statutory period for making an arbitral award expires, parties cannot rely on party autonomy or institutional arbitration rules to choose the court that will extend an arbitral tribunal's mandate. It held that, beyond the period expressly permitted under the Arbitration and Conciliation Act, only the court recognised under the statute can extend the tribunal's mandate. Justice Niral R. Mehta delivered the judgment while upholding a...

Delhi High Court Restrains Both Ashiana Ispat And Kamdhenu From Using 'AL KAMDHENU GOLD' Mark

The Delhi High Court on 1 July upheld an interim injunction passed by a Single-Judge Bench restraining Ashiana Ispat Limited (AIL) from using the trademark “AL KAMDHENU GOLD”, while simultaneously restraining Kamdhenu Limited (KL) from adopting the same mark. A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora observed that AIL failed to acquire proprietary rights over the mark after abandoning its trademark application and failed to establish commercial use, while KL's...

Interim Monetary Relief On Disputed Claims In Arbitration Must Be Granted Sparingly: Delhi High Court

Interim monetary relief on disputed claims cannot be granted as a matter of course during arbitration proceedings and must be reserved for exceptional cases meeting a higher threshold, the Delhi High Court has held. It set aside an arbitral tribunal's direction requiring India International Convention and Exhibition Centre Limited (IICECL) to release about ₹227 crore to Larsen & Toubro Limited (L&T). Justice Harish Vaidyanathan Shankar observed that although arbitral tribunals have...

Jharkhand High Court Upholds Conviction For False Income Tax Refund Claim Based On Forged Documents

The Jharkhand High Court has upheld the conviction of an Eastern Coalfields Limited employee for claiming an income tax refund of ₹35,875 on the basis of forged documents. The court found no reason to interfere with the concurrent findings of the trial and appellate courts. Justice Pradeep Kumar Srivastava dismissed the criminal revision filed by Sashi Bhusan Prasad Bhuian. The court directed him to surrender before the trial court within two months to undergo the remaining sentence. The court...

'Personal Preference Not Medical Necessity': Chhattisgarh High Court Refuses PMLA Accused's UAE Travel Plea

The Chhattisgarh High Court has recently observed that "personal preference cannot be equated with absolute medical necessity" while refusing to allow a businessman accused in a money laundering case to travel to Abu Dhabi for treatment. It held that an accused cannot insist on treatment in a foreign country when equivalent medical care is readily available in India. Justice Narendra Kumar Vyas upheld a special court's order rejecting Sunil Kumar Agrawal's request to travel to the UAE for KKT...

Pending Civil Suits Cannot Be Dismissed Merely Because Insolvency Proceedings Begin Later: Calcutta High Court

The Calcutta High Court has recently held that a civil suit filed before insolvency proceedings are initiated cannot be dismissed merely because proceedings under the Insolvency and Bankruptcy Code (IBC) begin later. It observed that the law protects the insolvency process from interference but does not automatically bar civil courts from hearing pending suits. A division bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi delivered the ruling while setting aside a commercial...

Corporates Have 'Lost Any Fear Of Consequences': Delhi High Court Denies Interim Relief In Trademark Dispute

The Delhi High Court has refused interim relief to More Than Water Private Limited, which sells packaged drinking water under the "MORE THAN WATERBOX" brand, in its trademark dispute with Nesco Limited, maker of "MY WATER BOX" packaged drinking water. The court held that More Than Water was not entitled to discretionary relief after relying on prima facie manipulated invoices and withholding material facts about its food safety license application. A division bench of Justice V. Kameswar Rao...

Delhi High Court Refers Comedian Papa CJ's Dispute Over Purchase Of Coffee Startup Shares To Arbitration

The Delhi High Court has appointed Advocate Veena Ralli as sole arbitrator to adjudicate a share purchase dispute between stand-up comedian Chirag Jain, popularly known as Papa CJ, and the promoters of Delhi-based coffee startup Beanly Beverages. The court held that whether the company, which did not sign the share purchase agreements, can nevertheless be treated as a party to the arbitration agreement is an issue that must be decided by the arbitral tribunal after examining the evidence. ...