Commercial Courts Act's 120-Day Written Statement Limit Inapplicable To Admiralty Suits: Kerala High Court

The Kerala High Court has condoned a 135-day delay in filing a written statement in an Admiralty Suit. The Court held that the mandatory 120-day deadline prescribed for commercial disputes does not govern proceedings under the Admiralty Act, 2017. The Court reached this conclusion even though disputes relating to admiralty and maritime law are categorised as commercial disputes under the Commercial Courts Act. Justice M.A. Abdul Hakhim held that Admiralty Suits are governed by the original...

Notice Returned As 'Unclaimed' At Correct Address Suffices For Deemed Service: Kerala High Court

A cheque demand notice returned with the postal endorsement "unclaimed" is sufficient to satisfy the statutory requirement of notice in a cheque dishonour case, the Kerala High Court has held. Justice A Badharudeen, allowing an appeal against an acquittal recorded by a magistrate's court in Kozhikode, held that when a demand notice is issued to the drawer's correct address, its return with the endorsement "unclaimed" would amount to deemed acceptance unless the accused proves otherwise. The...

Withdrawn Civil Suit Does Not Bar Invocation Of Arbitration Clause: Delhi High Court

The Delhi High Court has recently held that the filing of an earlier civil suit does not bar a party from invoking an arbitration clause where the suit was subsequently withdrawn. The court observed, “Mere fact that earlier a civil suit had been filed, would be no bar to invoke arbitration in terms of the Arbitration Clause, especially, when the said suit had been withdrawn.” Justice Mini Pushkarna made the observation while appointing Justice (Retd.) Kurian Joseph, former judge of the Supreme...

Arbitrator Appointment Without Written Waiver Under Section 12(5) Is Void Ab Initio: Delhi High Court

On 26 May, the Delhi High Court reiterated that waiver of the applicability of Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act cannot be inferred from conduct and must arise only from an express written agreement between the parties. A Bench of Justice Avneesh Jhingan set aside an arbitral award in a dispute between a developer and the Air Force Naval Housing Board (AFNHB) concerning construction of a residential complex. It observed: “The unilateral...

NCLT's Scrutiny Of Applicant's Standing To Invoke Personal Insolvency Process Is Not Adjudication: Karnataka HC

The Karnataka High Court has held that the National Company Law Tribunal (NCLT) is entitled to examine whether an applicant possesses the requisite locus standi to invoke the personal guarantor insolvency framework before permitting the process to proceed. The court held that such an exercise does not amount to an adjudication of the insolvency claim on merits. Justice Suraj Govindaraj observed: “Thus, when the National Company Law Tribunal examines whether an applicant possesses the...

Delhi High Court Refers Zee-Zivore Copyright Dispute Over Instagram Music To Mediation

The Delhi High Court on 29 May referred a copyright dispute between Zee Entertainment Enterprises Limited and Zivore Apparel Private Limited to mediation after Zivore undertook not to use Zee's repertoire pending adjudication of the injunction application. Justice Tushar Rao Gedela noted that music available in Instagram's licensed music library cannot, prima facie, be used for commercial purposes and referred the parties to the Delhi High Court Mediation and Conciliation Centre and requested...

Kerala High Court Dismisses Appeal Seeking CBI, ED, NIA Probe Into Byju's Insolvency

The Kerala High Court on Friday dismissed an appeal against a single judge's order refusing to direct a Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and National Investigation Agency (NIA) probe into alleged irregularities in the insolvency proceedings of Think and Learn Private Limited (Byju's). A division bench of Justice K Natarajan and Justice Johnson John held that the petitioners had already approached the Bengaluru police on the same allegations. The resulting...

Kerala High Court Dismisses Plea Seeking CBI, ED, NIA Probe Into Alleged Byju's Insolvency Irregularities

The Kerala High Court has recently dismissed a plea seeking a court-monitored investigation by the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), and National Investigation Agency (NIA) into allegations connected with the corporate insolvency resolution process of Think and Learn Private Limited (BYJU'S). Justice G. Girish observed that the plea was not maintainable because an earlier Public Interest Litigation seeking the same reliefs on the same cause of action had been...

NCLT Cannot Refuse Additional Objections Solely For Want Of Express Provision In IBC: Kerala High Court

The Kerala High Court has held that the National Company Law Tribunal (NCLT) can permit additional objections in insolvency proceedings. It cannot reject such requests on the ground that there is no provision under the Insolvency and Bankruptcy Code or the NCLT Rules to entertain them. Justice Harisankar V. Menon made the observation while allowing a petition filed by BPL Limited. The Court set aside an order of the NCLT, Kochi Bench, which had refused to entertain the company's additional...

Delhi HC Directs IndiaMart To Take Down MJ Talk Tools Listings Over Alleged Copying Of SpeechGear's Products

The Delhi High Court has recently directed IndiaMart to take down specified listings of MJ Talk Tools before the next date of hearing. The direction came in a suit filed by SpeechGears India Pvt Ltd, which alleges infringement of its copyrights, trade dress and the shape of tools used in kits designed for children with autism and speech impairment. Justice Tushar Rao Gedela passed the order on May 29 while hearing an application seeking ex-parte ad-interim relief. "The images of the...

Delhi HC Grants Temporary Injunction Against 'Milan's Kreamy Toffee' In Amber Nutrition Trademark Dispute

The Delhi High Court has recently granted a temporary restraint on the sale and marketing of confectionery products under the names "Milan's Kreamy Toffee" and "Milan's Kreami Toffee", finding them deceptively similar to Amber Nutrition Private Limited's "Amber Kream Toffee" products. Justice Tushar Rao Gedela passed the order on May 29. The court held that the products infringed Amber Nutrition's trademark, trade dress and copyrighted artistic work associated with its "Amber Kream Toffee"...

Delhi High Court Temporarily Restrains Medical Device Firms From Using 'MOTHERSON' Trademark

The Delhi High Court has granted temporary relief to auto components manufacturer Motherson, restraining Motherson Industries Private Limited and another entity described as its sister concern from using the "MOTHERSON" mark and device mark pending further proceedings in a trademark infringement suit. Justice Tushar Rao Gedela passed the order on May 29, 2026, after holding that Motherson had made out a prima facie case for protection of its trademark rights. Observing that the word...