"Extremely Despicable": Bombay HC Orders Police Action Over Assault On Receiver During Counterfeit Goods Raid

The Bombay High Court has directed the Superintendent of Police, Ambala, to take action in relation to the assault on a court-appointed receiver during a court-ordered search-and-seizure operation in Haryana that allegedly uncovered a huge quantity of goods bearing Unilever Plc's trademarks, labels, and artwork. The court has also ordered police protection for the receiver during further execution proceedings. The order was passed on May 29 by vacation judge Justice Shreeram V. Shirsat. The...

J&K and Ladakh High Court Dismisses Union's Challenge to Award In Army Northern Command Accommodation Project Dispute

The Jammu & Kashmir and Ladakh High Court has dismissed the Union of India's appeal against an order refusing to set aside an arbitral award after finding that it had failed to plead, point out or prove any perversity in the award. A Division Bench of Justice Rajnesh Oswal and Justice Rahul Bharti observed: "We find ourselves in cordial and in complete agreement with the court of learned Principal District Judge, Udhampur that the appellant failed to plead and point much less prove any...

Madras High Court Grants ITC Interim Injunction Over Alleged Infringement Of Classmate Trademark

The Madras High Court has granted an interim injunction in favour of ITC Limited. The injunction restrains traders from manufacturing, selling, marketing or otherwise dealing in products bearing the mark "CLASSMAN" or any mark alleged to be identical or deceptively similar to ITC's registered trademark "CLASSMATE", pending disposal of the suit.Justice N. Senthilkumar passed the order on May 13 in seven applications filed by ITC. The applications sought reliefs relating to trademark infringement,...

Delhi High Court To Pass Orders In Personality Rights Suit Of Actor Varun Dhawan

The Delhi High Court has indicated it will issue an interim order in favor of Bollywood actor Varun Dhawan to protect his personality rights.Justice Jyoti Singh today indicated that the court would direct the removal of offending links tied to defendants allegedly involved in the unlicensed sale of merchandise, the creation of deepfake content, and the circulation of pornographic material misusing the actor's likeness.Senior Advocate Sandeep Sethi, representing Dhawan, walked the bench through...

CMRL Moves Division Bench Against Kerala HC Order Refusing To Quash ED Summons In Exalogic Case

An appeal has been filed before the Kerala High Court against a Single Judge's refusal to quash the Enforcement Directorate's money laundering probe linked to alleged payments of ₹1.72 crore made by Cochin Minerals and Rutile Limited (CMRL) to Veena Vijayan, daughter of former Kerala Chief Minister Pinarayi Vijayan, and her company, Exalogic Solutions Pvt Ltd. The appeal also challenges summons issued by the ED to CMRL officials. The appeal challenges Justice T.R. Ravi's May 26 judgment...

Delhi High Court To Pass Orders In Personality Rights Suit Filed By Actor Naga Chaitanya

The Delhi High Court on Thursday indicated that it is likely to pass orders in a personality rights suit filed by Telugu actor Akkineni Naga Chaitanya. The actor has sought protection against a range of alleged online violations, including pornographic websites using his name, unauthorized merchandise, AI-generated content featuring him and his former spouse, and YouTube videos he claims infringe his personality rights. The matter came up before Justice Jyoti Singh. During the hearing, the...

Himachal Pradesh HC Directs Mahindra To Restore DMS Access Of Ex- Authorised Service Centre Pending Arbitration

The Himachal Pradesh High Court has granted interim relief to Naveen Auto Store Sole Proprietary, a Mahindra-authorised service centre operator, and directed Mahindra & Mahindra Ltd. to restore the dealer management system (DMS) access of its workshop. The Court held that the petitioner had made out a prima facie case for interim protection pending arbitration proceedings. Justice Romesh Verma observed, “The petitioner has been able to demonstrate on record that huge investment including...

Remedy Against Refusal To Recall Arbitral Termination Lies Under Section 14(2), Not Section 34: Delhi HC

The Delhi High Court has held that a party cannot invoke Section 34 of the Arbitration and Conciliation Act, 1996 to challenge an order refusing to recall termination of arbitral proceedings passed under Section 25, and that the only remedy lies under Section 14(2) of the Act. A Bench of Justices C. Hari Shankar and Om Prakash dismissed the appeal filed by U.P. Infraestate Pvt. Ltd. against Rivaj Infratech Pvt. Ltd., holding that the Section 34 petition itself was not maintainable. The judges...

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...