Fresh Copy Of Arbitral Award Cannot Restart Limitation To Challenge Award: Delhi High Court

The Delhi High Court has dismissed two petitions filed by the Union of India challenging an arbitral award. It held that a party cannot allow the statutory period for challenging an award to expire and later attempt to restart the limitation by obtaining another copy of the award. Justice Harish Vaidyanathan Shankar delivered the judgment. The court observed, "A party, despite having knowledge of an Award and despite its authorised representative having received the signed copy, could...

Delhi High Court Orders Crocs To Pay ₹24.63 Lakh Costs To Bata After Design Registration Was Cancelled

The Delhi High Court on Wednesday directed Crocs Inc. USA to pay ₹24.63 lakh in litigation costs to Bata India Ltd. after a design infringement suit filed by the footwear company was rendered unsustainable following the cancellation of its registered design for lack of novelty. Justice Prathiba M. Singh noted that courts had repeatedly held that Crocs' registered design was not novel and, applying the principles governing costs in commercial litigation, directed the company to reimburse Bata's...

WhatsApp Acknowledgment Of Arbitral Award Shows Acceptance, Bars Delayed Challenge: Delhi High Court

The Delhi High Court has dismissed a challenge to an interim arbitral award after finding that the party seeking to set it aside had acknowledged receiving it on WhatsApp, participated in discussions on its implementation, and acted upon it before questioning the award only after execution proceedings were initiated. The court held that the challenge to the interim arbitral award, raised more than two years after the petitioner admittedly acquired knowledge of it was barred by...

Karam Industrial Works Gives Up 'K.I.W.' Trademark, Delhi HC Records Settlement In K.W. Mark Dispute

The Delhi High Court has recorded a settlement between K.W. Enterprises and Karam Industrial Works under which Karam Industrial Works agreed to give up the "K.I.W." trademark and label used for goods covered under trademark Class 12, which includes vehicles and related goods. It also agreed to surrender its copyright registration over the artistic work in the label and consented to its cancellation. In return, K.W. Enterprises gave up its claims for damages, costs, and delivery of infringing...

Delhi High Court Restrains Traders From Using 'Beauty Of Joseon' Trademark And Trade Dress

The Delhi High Court on 2 July granted an ex parte ad interim injunction restraining traders from using GoodAI Global Inc.'s trademark and trade dress associated with its "Beauty of Joseon" skincare brand, and directed Amazon Seller Services to de-list the impugned products. Justice Anup Jairam Bhambhani observed that the plaintiff had “succeeded in making out a prima-facie case for issuance of an ex parte ad interim injunction... for infringement by defendants Nos. 1 to 3 of the...

Delhi HC Rejects Intra-Cellular Therapies' Patent Appeal, Holds Bioavailability Alone Insufficient

The Delhi High Court on 6 July upheld the order of the Controller of Patents and Designs dated 27 April 2023, which had rejected the patent application filed by Intra-Cellular Therapies Inc. for “Organic Compounds” on the ground that the claimed invention lacked novelty. Justice Tushar Rao Gedela dismissed Intra-Cellular Therapies Inc.'s appeal against the rejection of its patent application for deuterated organic compounds used in treating psychiatric disorders, holding that the claimed...

Procedural Irregularity Without Prejudice Not Ground To Set Aside Arbitral Award: Delhi High Court

The Delhi High Court on 6 July held that a party challenging the constitution of an arbitral tribunal must establish actual prejudice caused by the alleged procedural irregularity, and that mere dissatisfaction with the appointment process cannot be a ground to set aside an arbitral award. Justice Harish Vaidyanathan Shankar dismissed a petition filed by Shriram Pistons & Rings Limited challenging an arbitral award passed in favour of Usha International Limited. He observed: “It is also...

Confidential Material From Separate Arbitration Cannot Be Relied Upon Merely Because ICC Rules Don't Bar It: Delhi HC

The Delhi High Court has held that confidential material from a separate arbitration cannot be relied upon in another arbitral proceeding merely because the International Chamber of Commerce (ICC) Rules do not expressly prohibit its use. It upheld an arbitral award in favour of Alstom Transport India Limited after finding that the arbitral tribunal was justified in refusing to admit such material. Justice Harish Vaidyanathan Shankar observed, "A statutory mandate enacted by Parliament...

Delhi High Court Sets Aside HPCL Penalty For Undisclosed Fake LPG Connections, Upholds Award In Part

The Delhi High Court on 1 July held that an arbitral tribunal cannot uphold a penalty for alleged fake LPG consumer connections without evidence establishing that the connections were fictitious or without disclosing their identities to the affected party. Such findings are patently illegal and liable to be set aside. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla partly allowed an appeal filed by LPG distributor D.V. Anand against an arbitral award that upheld a penalty...

Taxation Of Virtual Digital Assets Doesn't Subject Crypto Exchanges To Public Law Scrutiny: Delhi High Court

The Delhi High Court has recently held that the taxation of Virtual Digital Assets (VDAs) under the Finance Act, 2022 does not make cryptocurrency exchanges "State" under Article 12 of the Constitution or, by itself, subject them to public law scrutiny.A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia thus dismissed an appeal filed by users of cryptocurrency exchange platform BitBNS, seeking CBI or SIT probe into the alleged withdrawal restrictions.For context,...

Delhi High Court Restrains Hema Industries From Using 'FREEDINE' Mark In 'FREEDOM' Trademark Dispute

The Delhi High Court on 2 July temporarily restrained Hema Industries from using the trademark FREEDINE and its packaging in a trademark infringement and passing off suit filed by Gemini Edibles and Fats India Ltd, the manufacturer of FREEDOM branded edible oils. Justice Jyoti Singh, while granting an ex parte ad interim injunction, held that Gemini Edibles had established a prima facie case for relief. She observed that the “balance of convenience lies in favour of the Plaintiff” and that the...

Delhi High Court Restrains DUSIB From Acting On Bank Guarantees Furnished For Construction Of 7,400 EWS Houses

The Delhi High Court has granted interim protection to Supreme Infrastructure India Ltd by restraining the Delhi Urban Shelter Improvement Board (DUSIB) from taking any precipitative steps in relation to bank guarantees furnished for a project involving the construction of 7,400 Economically Weaker Sections (EWS) houses at Pocket-II, Bhalaswa, Jahangirpuri. Justice Sachin Datta passed the interim order while issuing notice on the petition. The court directed DUSIB to file its reply within two...