Contractual Limits On Termination Liability Cannot Be Ignored: Delhi HC Upholds Setting Aside ₹911 Cr Arbitral Award

The Delhi High Court recently observed that contractual words restricting termination liability must be given effect, holding that parties to a long-term public infrastructure concession could not have inserted such limitations without intending them to operate as a cap.A Division Bench comprising Justice Anil Kshetarpal and Justice Shail Jain made the observation while upholding the setting aside of an arbitral award granting ₹911.13 crore to Kurukshetra Expressway Private Limited as...

Delhi High Court To Hear Vivek Oberoi, Janhvi Kapoor, Aaradhya Bachchan Personality Rights Suits Together

The Delhi High Court has decided to hear the personality rights suits filed by actors Vivek Oberoi, Janhvi Kapoor and Aaradhya Bachchan together, as they raise recurring questions on the scope and limits of personality rights. Justice Anup Jairam Bhambhani said he would first hear these three matters as a batch and use the legal principles emerging from them to deal with the other pending personality rights suits separately. The court is dealing with a growing number of such suits filed by...

Bank's Lack Of Consent No Bar To Arbitrator Appointment Under SARFAESI: Delhi High Court

The Delhi High Court on 25 September held that a bank's lack of consent does not bar appointment of an arbitrator where an inter-se dispute between banks falls within the statutory arbitration mechanism under the SARFAESI Act. Justice Om Prakash Shukla appointed Advocate Mohit Kumar Mudgal as sole arbitrator to adjudicate Indian Bank's dispute with Bank of Baroda and others over competing claims of priority and charge over certain mortgaged properties. The Bench observed: “The absence of...

Delhi High Court Issues Notice To Riju Ravindran On Byju's Alpha Plea To Enforce $840K DIFC Courts Order

The Delhi High Court on Friday sought a response from Riju Ravindran, co-founder of Byju's parent Think & Learn Pvt Ltd, on an execution petition filed by Byju's Alpha Inc., a Delaware-incorporated company and Think & Learn group company. Byju's Alpha is seeking enforcement of a Dubai International Financial Centre (DIFC) Courts order directing Ravindran to pay USD 8,40,000 towards costs. Justice Manoj Jain was hearing the execution petition filed by Byju's Alpha against Ravindran...

Delhi High Court Restrains Doora Express Services' Former General Manager From Using 'DURA' Mark

The Delhi High Court has restrained a former General Manager and his logistics company from using “DURA” for logistics and transportation services. The court found prima facie merit in Doora Express Services' claim that the mark is similar to its registered “DOORA” trademarks.Justice A.J. Bhambhani passed the order in a suit filed by Doora Express Services against Dura Logistics India and its director.Doora Express Services is the registered proprietor of the trademarks "DOORA," "DOORA EXPRESS...

CGST Act Permits Tax Liability To Be Determined After Death Of Person: Delhi High Court

The Delhi High Court has held that the Central Goods and Services Tax (CGST) Act permits tax, interest, or penalty liability to be determined even after the death of the person against whom the underlying liability arises.The Division Bench of Justices Anil Kshetarpal and Vimal Kumar Yadav held that Section 93 of the CGST Act does not require adjudicatory proceedings to have commenced during the lifetime of the deceased for liability to be determined after his death.“The provision preserves...

Delhi High Court Upholds ₹10.57 Crore GST Demand, Says Parallel Proceedings Barred Only For Same Subject Matter

The Delhi High Court has dismissed a plea challenging the ₹10.57 crore GST demand, holding that the subsequent proceedings initiated by the Delhi GST authorities were not barred merely because the Directorate General of GST Intelligence (DGGI) had earlier initiated proceedings against the Petitioner concerning overlapping transactions.The Division Bench of Justices Anil Kshetarpal and Rajneesh Kumar Gupta held that Section 6(2)(b) of the Central Goods and Services Tax Act, 2017, which seeks to...

“Very Dangerous Proposition”: Delhi HC On AAR View Treating Mastercard's Interface Processor In India As Permanent Establishment

The Delhi High Court on Friday orally observed that treating a network or towers as a permanent establishment (PE) of a foreign enterprise could be a “very dangerous proposition," warning that such an approach could be misused across jurisdictions.“AAR's view that towers and network itself constitute a PE is a very dangerous proposition ... it can be misused anywhere,” a Division Bench comprising Justice Dinesh Mehta and Justice Aditi Choudhary observed while hearing afresh Mastercard Asia...

Appointing Arbitrator Unilaterally Does Not Amount To Waiving Ineligibility: Delhi High Court

The Delhi High Court has held that a party's unilateral appointment of an arbitrator cannot by itself amount to an express waiver of the arbitrator's statutory ineligibility under Section 12(5) of the Arbitration and Conciliation Act, 1996.A Division Bench of Justice Anil Kshetarpal and Justice Vimal Kumar Yadav upheld the setting aside of an arbitral award partly in favour of Ahluwalia Contracts (India) Limited (ACIL), despite the Airports Authority of India (AAI) having appointed the...

Delhi High Court Rejects Bank's Plea To Revive Cheque Case After Counsel Earlier Said Dues Were Fully Paid

The Delhi High Court has refused to revive a cheque dishonour complaint after Equitas Small Finance Bank Limited's counsel told a magistrate and the National Lok Adalat that the dispute had been settled and the bank had received full payment.The bank later claimed that its then counsel had misunderstood its instructions and erroneously represented that the dues had been settled and paid. It sought recall of the September 14, 2024 Lok Adalat award and restoration of the complaint.Justice Saurabh...

Delhi High Court Finds 'Herbawish' Deceptively Similar To Herbalife, Temporarily Restrains Use

The Delhi High Court on 15 September temporarily restrained Ashish Kumar and his company from using “Herbawish” and “Herbawish Nutrition”, along with a similar three-leaf logo and trade dress, in a trademark infringement suit filed by Herbalife International. A Bench comprising Justice Jyoti Singh held that “the deception is enhanced owing to common prefix 'Herba.'” Herbalife told the Court that, besides the word marks “Herbalife” and “Herbalife Nutrition”, it owns registrations for a...

Delhi High Court Issues Notice To JioStar On Zee Entertainment's Contempt Plea Over Copyrighted Music

The Delhi High Court has issued notice on a contempt application filed by Zee Entertainment against JioStar India, alleging continued violation of an injunction order restraining use of Zee's copyrighted music.Justice Anup Jairam Bhambhani cautioned JioStar against any further non-compliance with the May 2026 order in the meantime, while directing Zee to hand JioStar a specific list of works it says are still being used without authorisation, so these can be verified and taken down.The dispute...