Delhi HC Restrains 'Electroford' From Selling ORS Products In Packaging Similar To FDC's 'Electral'

The Delhi High Court on 7 July restrained Wellford Pharmaceutical Private Limited and its director from manufacturing, marketing or selling ORS and electrolyte products under trade dress deceptively similar to FDC Limited's well-known “ELECTRAL” packaging, in a suit alleging copyright infringement and passing off. Justice Jyoti Singh granted an ex parte ad interim injunction, restraining Wellford from dealing in products bearing the impugned “ELECTROFORD ADVANCED” packaging or any packaging...

Arbitrator's Hasty Closure of Evidence During COVID Violated Section 18, Vitiating Award: Gujarat High Court

The Gujarat High Court has set aside an arbitral award after finding that the arbitrator unnecessarily hastened to close a party's right to lead evidence during the second wave of the COVID-19 pandemic.The Court held that such treatment violated the requirement under Section 18 of the Arbitration and Conciliation Act, 1996 to treat the parties equally and give each side a full opportunity to present its case. A Division Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray set aside...

Karnataka High Court Says Third Parties Cannot Invoke Art. 226 Against GST Rulings, Dismisses BMRCL Challenge

The Karnataka High Court on 7 July held that a person who is neither the applicant nor the concerned tax authority in an advance ruling proceeding cannot challenge the ruling under Article 226 of the Constitution, as such rulings are binding only on the parties to the proceeding. A Division Bench of Justices S.G. Pandit and K.V. Aravind dismissed Bangalore Metro Rail Corporation Limited's (BMRCL) writ petition challenging an order of the Karnataka Appellate Authority for Advance Ruling (AAAR),...

Party Aware Of Arbitration Can't Challenge Unilateral Arbitrator's Appointment For First Time In Appeal: Madras HC

The Madras High Court has held that a party that knew of arbitral proceedings, sought adjournments, and then remained ex parte cannot raise a challenge to the unilateral appointment of the arbitrator for the first time in a Section 37 appeal after remaining silent for nearly ten years. A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi dismissed an appeal by Nirmal Datacomm Private Limited and others against an arbitral award directing them to pay Redington...

Madras High Court Grants Stay On ₹101.14 Crore TDS Penalty Recovery Against Cognizant

The Madras High Court on 6 July granted interim relief to Cognizant Technology Solutions India Private Limited by staying recovery proceedings arising from tax deducted at source (TDS) penalty demands exceeding Rs. 101.14 crore. A Bench of Justice Senthilkumar Ramamoorthy found that the company had established a prima facie case, directed it to deposit Rs. 4 crore within two months, and stayed recovery of the balance penalty amount until the Commissioner of Income Tax (Appeals) decides the...

Delhi High Court Says Registrar Must Examine 'GHOSTBUSTERS' Well-Known Mark Before 'GHOST BUSTER' Registration

The Delhi High Court has set aside an order allowing registration of the trademark "GHOST BUSTER" for pharmaceutical and related products after finding that the Registrar of Trade Marks failed to examine Columbia Pictures Industries' claim that "GHOSTBUSTERS" was entitled to protection as a well-known trademark. Justice Jyoti Singh remanded the matter to the Registrar for fresh consideration within three months after hearing both sides. The court held that the Registrar had confined its...

Relief Sought, Not Property Location, Decides Jurisdiction If Arbitration Seat Is Unspecified: Bombay High Court

The Bombay High Court has recently held that territorial jurisdiction cannot be determined solely by the location of partnership properties or the registered office of a partnership firm where the partnership deed containing an arbitration clause does not specify the arbitral seat.Instead, the court held, the material facts constituting the foundation of the relief sought must determine jurisdiction.Justice Amit Borkar delivered the ruling while deciding a petition filed by Vinod Kumar Saraf...

Withdrawal Of Civil Suit Doesn't Extinguish Arbitration Agreement: Calcutta High Court

The Calcutta High Court has held that withdrawal of an earlier civil suit without liberty to institute fresh proceedings does not extinguish the arbitration agreement or bar a subsequent petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for constitution of an arbitral tribunal. In doing so, the Court distinguished the Supreme Court's decision in HPCL Bio-Fuels Ltd. v. Shahaji Bhanudas Bhad, which involved the unconditional withdrawal of an earlier Section 11...

Liquor Licensee Can't Avoid Licence Fee By Citing Business Losses, Natural Calamities: Himachal Pradesh HC

The Himachal Pradesh High Court has held that a liquor licence holder cannot back out of its obligation to pay the licence fee after voluntarily participating in an auction and accepting the licence terms, merely because the business later became commercially unviable. The court ruled that business losses, natural calamities or lower liquor prices in a neighbouring State do not dilute the contractual obligations arising from the licence A Division Bench of Justices Vivek Singh Thakur and...

Pending Arbitration Doesn't Bar Wilful Defaulter Proceedings Against Guarantors: Calcutta High Court

The Calcutta High Court has held that the pendency of arbitration proceedings does not prevent a non-banking financial company (NBFC) from initiating wilful defaulter proceedings against a guarantor under the RBI Master Circular. The court, however, upheld the quashing of a show cause notice issued by SREI Equipment Finance Ltd after finding that it was vague and lacked material particulars. A division bench of Justice Shampa Sarkar and Justice Ajay Kumar Gupta partly allowed SREI Equipment...

Appellate Order Setting Aside GST Refund Rejection Doesn't Bar Fresh Examination Of Claim: Delhi HIgh Court

The Delhi High Court has held that an appellate order setting aside the rejection of a GST refund claim does not automatically entitle the assessee to an unconditional refund, nor does it bar tax authorities from examining the claim afresh on other legally permissible grounds.A Division Bench of Justices Anil Kshetrapal and Shail Jain made the observation while dismissing a writ petition filed by M/s Karamsar Poultry Appliances, which had challenged an order rejecting its refund claim of ₹3.44...

Kerala High Court Upholds Rejection Of Education Loans Over Parents' Or Co-Borrowers' Poor Credit Scores

The Kerala High Court has upheld the rejection of educational loan applications filed by a batch of students after finding that their parents or co-borrowers had unsatisfactory credit scores or adverse credit histories. "In view of the aforesaid discussion, I find that the stand of the Respondents/Banks that the Applicants are not eligible for Educational Loan on account of the lower Credit Score/unsatisfactory Credit Report of the co-borrower/parent is sustainable.", the court...