Section 9 Of Arbitration Act Limited To Interim Protection, Not Merits: Kerala High Court

The Kerala High Court on 26 May held that courts exercising jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 cannot adjudicate the merits of the underlying dispute while granting interim protection pending arbitration, as their power is confined to preserving the subject matter and granting protective relief. Justice S. Manu allowed the appeal and set aside the order passed by the Vacation Court, holding that it had exceeded the limits of Section 9 jurisdiction by...

Delhi HC Temporarily Restrains Use Of 'Schezwan Dipping Chutney' Mark In Ching's Secret Trademark Suit

The Delhi High Court has temporarily restrained Kishan Rameshbhai Kaswala, trading as K3 Masala, from dealing in products under the marks 'Schezwan Chutney' and 'Schezwan Dipping Chutney' in a trademark infringement suit filed by Capital Foods Private Limited, the maker of Ching's Secret products. Justice Tushar Rao Gedela passed the ex-parte ad-interim injunction order on May 22 after observing that the defendant's products were deceptively similar to the plaintiff's registered trademark and...

Courts Must Call For Arbitral Records Before Deciding Challenge To Arbitral Award: Sikkim High Court

The Sikkim High Court has reiterated that a court hearing a challenge to an arbitral award cannot decide the matter without first calling for the records of the arbitral tribunal. A Division Bench of Chief Justice A. Muhamed Mustaque and Justice Bhaskar Raj Pradhan observed: “The Court entertaining the application under Section 34 is required, imperatively, to look into the records of the Arbitral Tribunal to satisfy whether any grounds under Section 34 have been made out or not. Without...

Winding Up Of Company Will Not Automatically Stay Arbitral Proceedings Against Promoters: Kerala High Court

The Kerala High Court has held that a company's winding up does not automatically halt arbitral proceedings or shield its promoters from contractual obligations undertaken in their personal capacity. Justice T.R. Ravi held, “Sections 278 and 279 of the Companies Act can have operation only with regard to claims against the Company and a winding up order will not automatically operate as a stay of further proceedings before the Arbitrator. ” It added, "The petitioner sought to place reliance on...

Bombay High Court Temporarily Restrains Use Of 'Kranti Kamat' Mark In Kamats Worldwide Trademark Suit

The Bombay High Court on May 13, 2026, granted an ex-parte ad-interim injunction in a trademark infringement suit filed by Kamats Worldwide Food Services Private Limited. It restrained Musa Bhai Nadaf, who runs a restaurant under the mark 'Kranti Kamat', from using the mark 'Kranti Kamat', any other mark containing the word 'Kamat', or any mark identical or similar to 'KAMATS'. Justice Advait M. Sethna, sitting in vacation court, passed the order after finding that the plaintiff had established...

Delhi HC Quashes ₹3.20 Crore Customs Communication Against Vivo India After Customs Agrees To Issue SCN

The Delhi High Court on May 20 quashed a customs communication issued to Vivo Mobile India Pvt. Ltd. indicating differential duty liability of ₹3.20 crore, after the Customs Department stated that it would issue a show cause notice within four weeks.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul noted, “In consideration of the statement made by Mr. Naushad for issuance of a show cause notice within four weeks, we quash and set aside the impugned communication dated...

Crypto Fraud Allegations Disclose Triable Issues, No Quashing At FIR Stage: Orissa High Court

The Orissa High Court on 15 May declined to quash criminal proceedings arising out of an alleged cryptocurrency investment scam, holding that allegations of false representations, fictitious entities, and dishonest inducement of investors disclose triable issues that require examination at trial rather than interference at the FIR stage. A Bench of Dr Justice Sanjeeb K Panigrahi observed: “Allegations involving organized financial fraud, systematic inducement of multiple investors, and...

Non-Borrower Tenants Need Not Make Pre-Deposit Before Filing Appeal Before DRAT: Karnataka High Court

The Karnataka High Court has held that a tenant or other non-borrower cannot be compelled to make a pre-deposit to maintain an appeal against a Debt Recovery Tribunal order under the SARFAESI Act. It held that the requirement applies only to borrowers. A Division Bench of Justice Suraj Govindaraj and Justice K Manmadha Rao said the statute draws a clear distinction between borrowers and non-borrowers in prescribing conditions for appeal. “Once the appellant is admittedly not a borrower within...

Delhi High Court Upholds ₹1.22 Crore Award Against Delhi Tourism & Transportation Development Corporation

The Delhi High Court on 21 April dismissed Delhi Tourism & Transportation Development Corporation's challenge to a majority arbitral award in favour of contractor Gammon India Ltd in a dispute over escalation payments under a construction contract for a bridge project over the Yamuna river. Justice Harish Vaidyanathan Shankar held that the arbitral tribunal's interpretation of the contract was a plausible one and did not warrant interference. DTTDC had entered into the contract with Gammon...

Denial Of Compensation Under A Particular Head Under NH Act Can Be Arbitrated: Rajasthan High Court

The Rajasthan High Court has held that the expression “amount determined” under the National Highways Act includes even cases where compensation is completely denied under a particular head, allowing landowners to challenge such decisions before an arbitrator. Justice Sanjeet Purohit ruled, “The expression 'amount determined' cannot be confined to the narrower meaning of 'amount quantified.' Determination is a process whereby a claim is examined in light of the material available on record and...

Delhi High Court Refuses Interim Relief To Vajiram & Ravi, Slams It For Delaying Main Trademark Suit

The Delhi High Court has refused to grant interim relief to civil services coaching institute Vajiram & Ravi in its trademark dispute with rival Vajirao & Reddy, while warning that the suit could face dismissal if the plaintiff fails to prosecute the trial. A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora passed the judgment on Tuesday while dismissing Vajiram & Ravi's appeal against a September 2023 single judge order refusing an interim...

Kerala HC Upholds ED Summons In Probe Linked To Payments To Ex-Kerala Chief Minister's Daughter's Company

The Kerala High Court has declined to interfere with summons issued by the Enforcement Directorate to officials of Cochin Minerals and Rutile Limited in a money laundering investigation linked to payments allegedly made to Veena Vijayan, daughter of former Kerala Chief Minister Pinarayi Vijayan, and her company, Exalogic Solutions Pvt Ltd. Justice T.R. Ravi dismissed a petition filed by Cochin Minerals and its officers challenging an Enforcement Case Information Report (ECIR) registered by the...