Delhi High Court Blocks Websites Offering Fake MG Motor Dealerships, Orders ₹14.55 Lakh Lien

The Delhi High Court has recently blocked three websites allegedly being used to impersonate MG Motor and offer fake car dealerships to the public. Justice Jyoti Singh restrained those operating the websites from using MG's trademarks and branding or from claiming to represent the company or its agents.The court also directed the concerned domain registrars to suspend the three websites within 36 hours of receiving the order. Indian Overseas Bank was directed to mark a lien on the bank account...

Delhi High Court Reserves Verdict On HUL's Interim Plea Over Beco Ads Claiming Surf Excel, Vim Cause Skin Irritation

The Delhi High Court has reserved judgment on Hindustan Unilever Limited's plea for an interim injunction against Kwick Living (I) Private Limited, which runs the cleaning products brand Beco.The court heard arguments from both sides in the disparagement dispute over Beco's advertisements claiming Surf Excel and Vim cause skin irritation and allergies. Justice Anup Jairam Bhambhani recorded that judgment was reserved on the matter for interim measures.HUL moved the Court against Beco, alleging...

Delhi High Court Restrains TruCap Finance From Disposing Assets Worth Rs. 1.70 Crore

The Delhi High Court on 1 September restrained TruCap Finance Limited from creating third-party rights or encumbrances over, or disposing of, assets worth up to Rs. 1.70 crore in a dispute with UGRO Capital Limited. Justice Om Prakash Shukla also appointed Advocate Manisha Suri as the sole arbitrator to adjudicate the dispute arising from a co-lending arrangement between the two non-banking financial companies. The Bench observed: “Having heard learned Senior counsel for the Petitioner and...

Legal Heir Can Challenge Arbitral Award Despite Not Participating In Proceedings: Delhi High Court

The Delhi High Court has held that a legal representative of a deceased party can challenge an arbitral award even if the legal representative did not participate in the arbitration.Justice Swarana Kanta Sharma was dealing with a plea by Faisal Ahmed, one of the nine legal heirs of late Sultan Ahmed, who sought to participate in arbitration proceedings concerning his father's rights in a shop at the Hyatt Regency Shopping Arcade, New Delhi. The court declined to stop the arbitration, which had...

Delhi High Court Revives Patent Bid For Improved Process To Make Drug Used To Reverse Muscle Relaxation

The Delhi High Court has set aside the Patent Office's decision refusing a patent application for an improved process to prepare sugammadex, a drug used to reverse the effects of certain muscle relaxants administered during surgery. The court found that the applicant was denied a mandatory opportunity of hearing before the refusal.Justice Jyoti Singh observed that hearings held during the pre-grant opposition proceedings could not replace the separate hearing required before the application was...

Delhi High Court Dismisses Review Of Suppression Findings In Trademark Suit, Says Advocate Cannot Shift Duty To Junior

The Delhi High Court has dismissed a review petition filed by the counsel on record for Celagenex Research (India) Pvt. Ltd. against its earlier findings that two material documents had been wilfully suppressed in the plaint filed in a trademark suit over the mark 'RewireX'. The counsel sought a review in his personal capacity, arguing that the documents had not been brought to his attention by the company.The court held that a filing counsel cannot avoid responsibility for ensuring full...

Centre Failed To Curb Fraudulent GST Registrations Using Innocent Citizens' PAN and Aadhaar: Delhi High Court

The Delhi High Court has observed that the Central government has failed to curb the practice of obtaining fraudulent GST registrations by misusing the PAN and Aadhaar details of innocent citizens, despite nearly nine years having elapsed since the enforcement of the Central Goods and Services Tax (CGST) Act, 2017.The Division Bench of Justices Anil Kshetarpal and Shail Jain made the observation while considering petitions alleging fraudulent GST registrations obtained using the PAN and Aadhaar...

Expiry Of Original 6-Month Period No Ground For Release If Customs Validly Extends It: Delhi High Court

The Delhi High Court on 2 September held that expiry of the initial six-month period under Section 110(2) of the Customs Act, 1962 does not by itself entitle a person to release of seized goods where the period has been validly extended and a Show Cause Notice is issued within the extended period. A Division Bench of Justices Anil Khetarpal and Shail Jain dismissed a petition seeking release of nine gold bars and one gold chain detained by Customs authorities at Delhi airport from the...

Delhi High Court Refuses Writ Against Gold Confiscation, Cites Disputed Facts And Revision Remedy

The Delhi High Court has refused to entertain a writ petition challenging the absolute confiscation by Customs authorities, holding that disputes concerning the alleged oral show-cause notice and waiver of personal hearing involve disputed questions of fact which should be examined by the statutory revisional authority.The Division Bench of Justices Anil Khetarpal and Shail Jain observed that although the existence of an alternative remedy does not completely bar the High Court's jurisdiction...

Delhi High Court Refuses To Cancel Fitship's 'FITFEAST' Mark, Says ASR Failed To Prove Standalone Use

The Delhi High Court on 31 August dismissed a rectification petition filed by ASR Market Ventures, the company behind FITPASS, against Fitship Private Limited's registered FITFEAST trademark for its protein snack range. Justice Jyoti Singh also refused ASR's plea for an interim injunction in its connected passing off suit against Fitship. She held that ASR could not establish goodwill in FITFEAST as a standalone mark. The Bench observed: “The documents demonstrate that ASR has been...

Rights Under Art. 300A Can't Bypass Customs Proceedings For Release Of Seized Goods: Delhi High Court

The Delhi High Court on 3 September held that reliance on Article 300A of the Constitution, which protects a person's property rights, cannot by itself entitle a person to unconditional release of property when statutory proceedings under the Customs law are underway. A Division Bench of Justices Anil Khetarpal and Shail Jain made the observation while dismissing a petition filed by Nahid Zakiya through SPA Mohammad Uzair seeking the return of a 58-gram gold chain detained by Customs...

Customs Seizure Cannot Be Set Aside Merely For Want Of Written Show-Cause Notice Delhi High Court

The Delhi High Court on 2 September held that the absence of a separate written show-cause notice under Section 124 of the Customs Act, 1962 does not by itself warrant unconditional release of goods seized by Customs, particularly where the Department claims that an oral show-cause notice was issued within the statutory period. A Division Bench of Justices Anil Khetarpal and Shail Jain disposed of a petition by Najir seeking unconditional release of three gold bars bearing the marking “1 Ounce...