Delhi HC Rejects Senior Advocate's Plea For Market-Rate Compensation For Delayed Possession Of DLF Office Units

The Delhi High Court has recently dismissed a senior advocate's appeal seeking higher compensation for the delayed possession of four commercial office units purchased from DLF Home Developers Limited. A Division Bench of Justices V. Kameswar Rao and Vinod Kumar upheld compensation at ₹25 per sq. ft. per month. The Court rejected the plea to enhance it to ₹200 per sq. ft. per month on the basis of alleged market rental rates. "The interpretation given by the learned Arbitrator to Clause...

Delhi High Court Sets Aside ₹126.77 Crore Arbitral Award Against NHAI Over Assam Highway Project Dispute

The Delhi High Court on Thursday set aside an arbitral award granting ₹126.77 crore to a highway contractor towards costs and confiscated assets in an Assam road-widening project. The Court held that the arbitral tribunal failed to consider extension-of-time decisions that had rejected those claims. A Division Bench of Justice V. Kameswar Rao and Justice Vinod Kumar, however, upheld awards totalling ₹35.90 crore towards work executed under the contract and loss of profit.The court allowed an...

Delhi High Court Quashes Refusal of 'BIG INDIA' Trademark Registration, Orders Fresh Review

The Delhi High Court has set aside an order refusing registration of the word mark "BIG INDIA", holding that the Trade Marks Registry failed to consider several submissions made by the firm seeking registration and passed an unreasoned order. Justice Jyoti Singh, in an order dated May 22, directed the Senior Examiner of Trade Marks to reconsider the application within four months after granting Purpos Planet an opportunity of hearing. “This methodology of carrying out the examination of a...

Delhi High Court Sets Aside Rejection Of Nippon Signal Patent Application For Train Controller Technology

The Delhi High Court has set aside an order refusing a patent application for a train-control system developed by Japanese company The Nippon Signal Co., Ltd., after finding that the Patent Office had not adequately dealt with the company's submissions distinguishing the invention from the cited prior-art documents. Justice Jyoti Singh, in a judgment delivered on May 29, remanded the matter to the Assistant Controller of Patents and Designs for fresh consideration and directed that a decision...

Delhi High Court Restrains Okaya Dealers From Circulating Defamatory Ads Against Microtek Trademarks

The Delhi High Court on 10 June granted an interim injunction and restrained several Okaya dealers and employees from circulating disparaging and defamatory advertisements against the registered trademarks of Microtek International Private Limited. Justice Neena Bansal Krishna heard the matter and restrained Defendants 1 to 6, including authorised dealers, distributors and branch personnel of Okaya operating across Haryana, Uttar Pradesh and other States, from displaying or circulating the...

Partial Settlement On Interest In Arbitration Not Binding On All Claims: Delhi High Court

The Delhi High Court on 26 May held that a partial settlement reached during arbitral proceedings fixing interest for specific claims cannot bind all pending claims and counter-claims, and the Arbitral Tribunal retains full discretion under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. A Bench of Justice Jasmeet Singh dismissed cross petitions under Section 34 of the Act arising from a dispute between Atlanta Infra Assets Ltd. and the National Highways Authority of India...

Delhi High Court Protects DIZEST Trademark, Bars Use Of “CelsiusDizest” By Celsius Healthcare

The Delhi High Court on 5 June granted an ex parte ad interim injunction in favour of DWD Pharmaceuticals, restraining Celsius Healthcare Pvt. Ltd. from using the trademark “CelsiusDizest” or any other mark deceptively similar to DWD Pharmaceuticals' registered DIZEST mark. A Vacation Bench of Justice Saurabh Banerjee held that the defendant had incorporated the plaintiff's entire mark for identical pharmaceutical products, and that such use was likely to cause confusion. He observed: “The...

Delhi HC Refuses to Reject Astral's Trademark Suit Against Astral Marketing Over Justdial Listing Accessible In Delhi

The Delhi High Court has recently refused to throw out a trademark infringement suit filed by Astral Ltd against Astral Marketing Syndicate. The Court observed that the defendant's Justdial listing enabled customers in Delhi to access product information and contact the business, thereby prima facie giving rise to part of the cause of action in the capital. Justice Tejas Karia held that the functionality of the listing could reasonably be construed as facilitating commercial transactions. The...

Google Not Bound By Earlier Orders To Proactively Monitor Use Of DRS Logistics Marks In Ads: Delhi High Court

Google cannot be held in contempt over third-party advertisements using DRS Logistics' trademarks in ad text, ad titles and URLs, the Delhi High Court has held, ruling that earlier orders did not require the company to "proactively monitor and prevent" such use. Justice Tejas Karia passed the order on Monday. "Therefore, the Judgments do not impose any obligation upon Defendant Nos. 1 and 3 to proactively monitor and prevent the use of the Subject Marks in Ad-Text, Ad-Title, or URL in...

Delhi Court Denies Bail To Ex-RCOM Executive Over Alleged Loan Fund Diversion Used To Acquire Yacht, Overseas Apartment

A Delhi court on Monday denied bail to Punit Narendra Garg, former Executive Director of Reliance Communications Ltd. (RCOM), in a case arising from allegations that Reliance Anil Ambani Group entities diverted loan funds linked to borrowings of more than ₹40,185 crore to acquire a luxury yacht and an overseas apartment. The court held that Garg had failed to satisfy the conditions for bail under the Prevention of Money Laundering Act. Special Judge (PC Act) CBI Ajay Gupta of the Rouse Avenue...

Delhi HC Grants Interim Protection To Orange Orbit LLP in Rs. 18.6 Cr. Dispute With HostBooks Ltd.

The Delhi High Court recently granted interim protection to Orange Orbit LLP in its Rs. 18.6 crore investment dispute with HostBooks Limited in a petition under Section 9 of the Arbitration and Conciliation Act, 1996. Justice Mini Pushkarna allowed the petition and restrained HostBooks and its founders (Respondent Nos. 2 and 3) from alienating or creating further encumbrances over its assets, business, software, intellectual property and securities pending arbitration till the next date of...

Delhi High Court Restrains Ex-Franchisee From Using Toni & Guy Brand Pending Arbitration

On 26 May, the Delhi High Court granted interim protection under Section 9 of the Arbitration and Conciliation Act, 1996 and restrained a former franchisee from using the “Toni & Guy” trademarks and associated intellectual property pending arbitration. Justice Mini Pushkarna held that a valid arbitration agreement governed the dispute and protected the franchisor's brand rights during the pendency of proceedings and allowed the petition filed by Profile India International. The Bench...