Delhi High Court Bars Sree Tirumalaa Traders From Using “Lakshmi Srinivasa” Mark & Trade Dress

On 22 June, the Delhi High Court granted an ex-parte ad-interim injunction in favour of Sri Lakshmi Srinivasa Agro Foods and SLS Agro Ventures against Sree Tirumalaa Traders, restraining the use of the mark “LAKSHMI SRINIVASA” and a deceptively similar trade dress in relation to rice products. Justice Tejas Karia held that a prima facie case of trademark infringement and passing off was made out and allowed the plaintiffs' application for urgent interim protection, while restraining the...

Kerala High Court To Examine K-RERA Order Requiring Registration Of Certain Projects Under 500 Sq. Metres

The Kerala High Court recently (June 22) admitted a writ petition challenging a Kerala Real Estate Regulatory Authority (K-RERA) order requiring registration of projects built on less than 500 square metres of land if they comprise more than eight units. The matter came up before Justice Gopinath P. The court admitted the petition and granted K-RERA time to obtain instructions. Greha Homes Pvt. Ltd., the petitioner, contends that its "Greha Five Elements" project, comprising 14 apartment...

Calcutta High Court Upholds Setting Aside of ₹19.68 Crore Arbitral Award Against SAIL Over Demurrage Claim

The Calcutta High Court has recently dismissed an appeal filed by Vizag Seaport Private Limited (VSPL) and upheld an earlier order setting aside a majority arbitral award. The award had directed the Steel Authority of India Ltd. (SAIL) to pay nearly ₹19.68 crore towards claimed demurrage and storage charges. The court held that the parties' Short Term Agreement (STA) did not provide for such charges. It also held that VSPL had waived its right to claim them by not seeking to include such a...

Delhi High Court Stays Non-Bailable Warrants Against Venugopal Dhoot In Alleged Share Deal Fraud Case

The Delhi High Court has stayed the execution of non-bailable warrants (NBWs) issued against Videocon Group founder Venugopal N. Dhoot in a cheating case over the alleged fraudulent sale of shares of Tirupati Ceramics Ltd. The warrants had been issued by a Delhi trial court after it found that Dhoot had repeatedly failed to appear before it despite being permitted to join the proceedings through video conferencing.The relief came after he undertook to appear before the trial court through video...

Delhi High Court Cancels 'SHAKTI' Trademark On 'SAKTHI' Mark Owner's Plea

The Delhi High Court has directed the Registrar of Trade Marks to remove the trademark "SHAKTI" from the Register of Trade Marks after holding that it was registered without any bona fide intention to use the mark. The court found that neither the registered proprietor nor the assignee had produced any documentary or other evidence showing independent use of the standalone "SHAKTI" mark. Justice Tushar Rao Gedela passed the judgment on June 24 while allowing a rectification petition filed by...

Bombay High Court Sets Aside ₹32.79 Crore Arbitral Award To Adani Enterprises In Machhakata Coal Block Dispute

The Bombay High Court on Thursday set aside an arbitral award directing Mahaguj Collieries Ltd to pay about ₹32.79 crore to Adani Enterprises Ltd towards land acquisition expenses incurred for the Machhakata coal block in Odisha. The court held that the dispute could not have been decided through a summary award. Justice Somasekhar Sundaresan held that the arbitral tribunal had not analysed the Coal Mining Services Agreement (CMSA) or applied Sections 56 and 65 of the Contract Act to the...

RERA Registration Revocation Not A Panacea For Non-Compliance With Project Completion Orders: Bombay High Court

The Bombay High Court has held that the liberty granted to homebuyers to seek revocation of a project's registration does not foreclose their right to execute an order directing completion of the project through other modes available in law. Justice N.J. Jamadar delivered the ruling while allowing appeals filed by several allottees of the stalled "Shri Vallabh Residency" project in Kandivali (West), Mumbai. The court set aside a Maharashtra Real Estate Appellate Tribunal (MahaREAT) order...

Why Madras High Court Refused To Order Probe Into Tamil Nadu CM's Financial Disclosures In Election Affidavit?

The Madras High Court has recently refused to direct the Income Tax Department to investigate the financial disclosures made by Tamil Nadu Chief Minister and Tamilaga Vettri Kazhagam chief C. Joseph Vijay in his election affidavit. It held that disputes over such disclosures can only be adjudicated through an election petition and not in writ proceedings. A Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan dismissed a writ petition seeking directions to...

Bombay HC Upholds MCX Circular Allowing Negative Crude Oil Settlement, Says Traders Must Bear Risks

On 24 June, the Bombay High Court upheld the validity of a Multi Commodity Exchange of India Ltd. (MCX) circular permitting negative settlement pricing in crude oil futures, holding that traders in derivative markets must bear the risk of extreme volatility, including unprecedented price crashes. Justices R.I. Chagla and Advait M. Sethna dismissed a batch of petitions filed by Dhanera Diamonds and others challenging MCX's circular dated 21 April 2020, which fixed the final settlement price of...

GST Writ Petition Not Maintainable After Statutory Appeal Limitation Expires: Allahabad High Court

The Allahabad High Court has held that a taxpayer cannot invoke writ jurisdiction to bypass the statutory limitation period prescribed for filing an appeal under the GST Act, refusing to entertain a challenge to an assessment order filed after the expiry of the appellate limitation period. A Division Bench comprising Justices Shekhar B. Saraf and Abdhesh Kumar Chaudhary dismissed a writ petition filed by Mishra Security Services, holding that entertaining the petition would undermine the...

Delhi High Court Restrains NCERT From Invoking ₹6.09 Crore Bank Guarantee Against Paper Supplier

The Delhi High Court has restrained the National Council of Educational Research and Training (NCERT) from taking coercive steps to invoke a ₹6.09 crore bank guarantee furnished by a paper supplier. It also directed that no coercive action be taken pursuant to NCERT's order terminating the supply contract and debarring the company for two years, until the next hearing on July 20. Justice Mini Pushkarna passed the interim order in an arbitration petition filed by Bafna Global Venture Pvt. Ltd....

Mere Registration Of FIR In Scheduled Offence Does Not Require ED To Register PMLA Case: Madras High Court

The Madras High Court has refused to direct the Directorate of Enforcement (ED) to initiate proceedings under the Prevention of Money Laundering Act (PMLA) merely because a criminal case involving a scheduled offence has been registered. A Division Bench comprising Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan held that the decision to register an Enforcement Case Information Report (ECIR) rests with the authorised officer. The decision must be based on the material...