Delhi High Court Declines Chaubara Eats' Plea Against SEBI Order, Says SAT Remedy Available

The Delhi High Court has declined to examine Chaubara Eats Private Limited's challenge to an interim order passed by the Securities and Exchange Board of India (SEBI), holding that the company can approach the Securities Appellate Tribunal (SAT) against the order.Justice Amit Mahajan was considering a petition filed by Chaubara Eats challenging the order dated September 16, 2026 passed by SEBI, by which various interim directions were issued against the company and other noticees, including the...

Transfer Of Stamp Duty, Registration Amount To Bank Not Proof Of Payment: Bombay High Court

The Bombay High Court has recently held that transferring money to a bank account for payment of stamp duty and registration charges does not by itself establish that the charges were actually paid to the concerned authorities. Justice Sandeep V. Marne made the observation while setting aside orders of the Maharashtra Real Estate Regulatory Authority (MahaRERA) and Maharashtra Real Estate Appellate Tribunal (MahaREAT) directing JP Builders and Developers to execute a registered agreement for...

Pre-Deposit For GST Appeal To Be Governed By Law Existing On SCN Date: Delhi High Court

The Delhi High Court has held that the requirement of pre-deposit for filing an appeal under the Central Goods and Services Tax (CGST) Act would be governed by the statutory provision in force on the date of issuance of the show cause notice (SCN).The Division Bench of Justices Anil Kshetarpal and Bharat Parashar made the observation while dealing with a petition challenging a GST adjudication order concerning allegations that Petitioner had created and controlled 13 firms through which input...

Genuine Exporters Should Not Face 'Needless Litigation' Over Inadvertent Procedural Lapses: Calcutta High Court

The Calcutta High Court has directed the Directorate General of Foreign Trade (DGFT) to take measures to ensure that genuine exporters are not driven to “needless litigation” over inadvertent procedural lapses that can be rectified in accordance with law.“The DGFT authorities must take appropriate measures, whether by issuing comprehensive instructions or by suitable technological adjustments, to ensure that genuine exporters are not driven to needless litigation on account of inadvertent...

Bombay High Court Restrains Parle Agro's Franchisee From Selling SURE Water Competing With BAILLEY

The Bombay High Court has granted interim protection to Parle Agro Private Limited in its arbitration dispute with its franchisee Udayak Agro Products Pvt. Ltd. and Udayak's connected entity, K.L. Beverages LLP, over the manufacture and sale of competing packaged drinking water. Justice Amit Borkar found a prima facie case that the manufacture of SURE water by K.L. Beverages was covered by the indirect competition restrictions in Parle Agro's franchise agreement with Udayak. Under the...

Gujarat High Court Holds Company Entitled To Interest On ₹2.50 Crore TDS Refund

The Gujarat High Court has ruled that Maharashtra Border Check Post Network Ltd. is entitled to interest on a ₹2.50 crore refund arising from a TDS demand that was later set aside. The court held that the company's claim was covered by Section 244A(1)(b) of the Income Tax Act and could not be denied by relying on Section 244A(1B), which came into effect from April 1, 2017.A Division Bench of Justice A.S. Supehia and Justice Vaibhavi D. Nanavati observed that Section 244A(1)(b) already provided...

Delhi High Court Dismisses ITC Challenge To Philip Morris Heat-Not-Burn Cigarette Patent

The Delhi High Court has dismissed ITC's challenge to a patent held by Philip Morris for heat-not-burn tobacco technology, the kind used in devices like IQOS.Justice Jyoti Singh passed the judgment, ruling against ITC on both a writ petition and a separate appeal.Philip Morris holds a patent for a "heated aerosol generating article." This covers a cigarette-like device that heats tobacco to release vapour instead of burning it like a regular cigarette.The patent was granted in December 2021 and...

Calcutta High Court Sends ITC Trademark Suit To Mediation, Says FIR First Weakened Urgency To Claim Waiver

The Calcutta High Court has refused to dispense with pre-suit mediation for ITC Limited's proposed trademark infringement and passing off suit against SMM Tobacco Private Limited. The court found that ITC had chosen to pursue the criminal remedy first while keeping its civil remedy in abeyance, even though both remedies could have been pursued simultaneously. Justice Arindam Mukherjee on September 8 directed that the plaint be returned for being filed after completion of pre-suit mediation...

Delhi High Court Grants Temporary Injunction Against Unauthorised Use Of Bentley Software

The Delhi High Court has passed an ad interim injunction in favour of Bentley Systems, a US-based infrastructure software provider, restraining a structural design services firm and its directors from allegedly infringing copyright in its engineering software.Justice A. J. Bhambhani passed the order on a suit filed by Bentley Systems Inc and its Indian subsidiary.The software programmes at issue in the case are RAM Concept, iTwin Analytical Synchronizer, iTwin Services Add-in, and STADD. The...

Kerala High Court Keeps Coercive Proceedings Against KHFL RP In Company-Related Criminal Cases In Abeyance

The Kerala High Court on Tuesday directed authorities to keep coercive proceedings against the Resolution Professional of Kerala Housing Finance Limited (KHFL) in abeyance in cases concerning the company. It, however, clarified that proceedings against the other accused can continue.Justice G. Girish passed the interim order on a petition filed by P.D. Vincent, the Resolution Professional of KHFL, which was admitted into the Corporate Insolvency Resolution Process (CIRP) by the NCLT Kochi in...

Delhi High Court Clarifies 2023 Order Restraining FabIndia Trademark Infringement Covers Social Media

The Delhi High Court on 2 September clarified that its 4 December 2023 restraint order protecting FabIndia's trademark also applies to Instagram, Facebook, LinkedIn, YouTube, Twitter/X and other social media platforms, after the Ministry of Electronics and Information Technology (MeitY) declined to enforce the order against the platforms on the ground that they were not specifically named. Justice A. J. Bhambhani passed the order in FabIndia's suit alleging infringement of its trademark,...

Karnataka High Court Retains Ozone Urbana Buyer & ED Cases, Quashes Contractor's Criminal Proceedings

The Karnataka High Court on 21 September held that criminal proceedings cannot be used to recover alleged dues arising from a purely civil dispute, while refusing to quash proceedings against Ozone Urbana Infra Developers Private Limited and its office bearers over home buyers' complaints alleging non-delivery of flats, diversion of project funds and other financial irregularities. Justice M. Nagaprasanna quashed the proceedings arising from a contractor's complaint alleging non-payment for...