Mere 'Criminal Overtones' Or Claimed 'Public Overtones' Do Not Make Dispute Non-Arbitrable: Bombay High Court

The Bombay High Court has held that a dispute does not become non-arbitrable merely because one side alleges fraud or claims that it has criminal or public overtones. Referring a dispute between television production company Shashisumeet Production Pvt. Ltd. and investor Kuresh R. Kushesh to arbitration, the Court said such allegations, by themselves, do not take the matter outside the jurisdiction of an arbitral tribunal. "Merely on the ground that there are “criminal overtones” or because a...

Bombay High Court Holds DIFC Penal Notice And Certificate Satisfy CPC Requirement For Foreign Decree Execution

The Bombay High Court has rejected an objection by two guarantors of a USD 5 million factoring facility to the maintainability of execution proceedings initiated by Malta-based Fimbank P.L.C. to enforce a Dubai International Financial Centre (DIFC) Court judgment in India. Justice Abhay Ahuja held that a penal notice issued by the DIFC Court and a subsequent certificate relating to satisfaction of the judgment fulfilled the requirement of a certificate regarding satisfaction or adjustment of...

Evidence Of Person Without Direct Knowledge Insufficient In Cheque Bounce Case: Kerala High Court

The Kerala High Court has observed that a complainant in a cheque dishonour case cannot rely on evidence from a person who lacks direct knowledge of the transaction and execution of the cheque to prove those facts. “Indubitably such evidence shall be given by the person, who had direct knowledge regarding the transaction and execution of the cheque and the evidence of a person, who does not know the same is insufficient to prove the transaction and the execution of the cheque.” Justice A....

Calcutta High Court Holds No Title Passed Under Tenancy Created After SARFAESI Notice

The Calcutta High Court on Tuesday set aside a trial court order directing parties to maintain status quo in a tenancy dispute over a property. It held that a tenancy created after issuance of a demand notice under the SARFAESI Act could not confer any rights on the tenant. A Division Bench of Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya held that the tenancy relied upon by Julien Educational Trust had been created years after issuance of the demand notice and without any...

Delhi High Court Issues Summons In Former Tihar Jail Officer's Defamation Suit Against 'Black Warrant' Authors

The Delhi High Court has issued notice in a defamation suit filed by former Tihar Jail officer L.P. Nirmal against author and former Tihar jailer Sunil Gupta and others over the book 'Black Warrant: Confessions of a Tihar Jailer'. Nirmal claims the book falsely links him to an inmate escape that never occurred. Justice Subramonium Prasad issued summons in the suit on May 29. The Court did not grant any ex parte interim relief and has listed Nirmal's injunction application for hearing on August...

Delhi High Court Orders Removal Of Fake IndiaMart Websites, Blocks WhatsApp Accounts

The Delhi High Court has granted an interim injunction in favour of IndiaMart Intermesh Limited against unidentified persons allegedly operating fake websites, WhatsApp accounts, and bank accounts using the company's INDIAMART marks. The Court also directed the takedown of specified URLs and blocking of identified WhatsApp accounts. Justice Jyoti Singh passed the order on May 26 while dealing with a suit filed by IndiaMart. The company alleged that unidentified persons were operating fake...

Bombay High Court Rules Section 18 SARFAESI Pre-Deposit Mandatory, Bars Complete Waiver By DRAT

On 8 June, the Bombay High Court held that borrowers cannot bypass the mandatory pre-deposit requirement under Section 18 of the SARFAESI Act while challenging orders of the Debts Recovery Tribunal, including orders refusing to condone delay, and reiterated that the statute permits only limited reduction of the deposit and not complete waiver. Justices Manish Pitale and Shreeram V Shirsat allowed writ petitions filed by HDFC Bank and auction purchaser Aloukik Construwell LLP and set aside...

Delhi High Court Finds 'Konaflex' Deceptively Similar To 'Koanaflex', Grants Injunction To PVC Pipe Maker

The Delhi High Court has granted an interim injunction restraining a Jaunpur-based manufacturer of water storage tanks from using the mark "Konaflex" on its products, finding it deceptively similar to the "Koanaflex" mark and logo used by Modern Pipe Industries. Justice Tushar Rao Gedela passed the order on May 29 while rejecting the defendant's objection to the Delhi High Court's territorial jurisdiction and restraining further use of the impugned mark pending the suit. "Except for the first...

Delhi High Court Orders Takedown Of Social Media Posts Alleging Amul Supplies Cow Meat

The Delhi High Court has ordered the takedown of social media posts claiming that Amul supplies cow meat, holding that the content was prima facie disparaging and appeared designed to provoke public sentiment against the dairy cooperative. Justice Jyoti Singh observed that the posts and videos demonstrated a deliberate attempt to associate the AMUL brand with cow meat and inflame public sentiment. “The narrative and the posts are prima facie disparaging and demonstrate a deliberate attempt to...

Bombay HC Denies Lilavati Trust Interim Relief in ₹1000 Crore Defamation Case Against HDFC Bank, CEO

The Bombay High Court on Tuesday refused interim relief to the Lilavati Kirtilal Mehta Trust and its trustee Prashant Mehta in their ₹1,000 crore defamation suit against HDFC Bank, its MD & CEO Sashidhar Jagdishan, and others.The court also imposed costs of ₹5 lakh on the trust and the trustee, payable to HDFC Bank within six weeks.The court held that the bank's impugned statements regarding outstanding dues and alleged vexatious litigation were prima facie supported by material on record...

Kerala High Court Dismisses Writ Against NCLT New Delhi Insolvency Proceedings, Cites No Jurisdiction

On 25 May, the Kerala High Court held that it cannot entertain a writ petition challenging insolvency proceedings initiated before the National Company Law Tribunal (NCLT), New Delhi, against a personal guarantor merely because the underlying credit facilities were availed in Kerala, since territorial jurisdiction under the Insolvency and Bankruptcy Code depends on the location of the corporate debtor's registered office. Justice Harisankar V Menon dismissed a writ petition filed by a personal...

Kerala HC Directs CIT To Reconsider Registration Of Trust From 2021, Examines CBDT Circular 7/2024

On 4 June, the Kerala High Court directed the Commissioner of Income Tax (Exemptions) to reconsider a Atma Bodhodaya Sangham Sree Subhananda Trust's claim for registration under Section 12A of the Income Tax Act with effect from 1 April 2021, after examining the applicability of CBDT Circular No. 7/2024 on rectification of defective exemption applications. A Division Bench of Justices Devan Ramachandran and Basant Balaji set aside the orders of the Income Tax Appellate Tribunal (ITAT) and the...