Delhi High Court
Delhi High Court Restrains Both Ashiana Ispat And Kamdhenu From Using 'AL KAMDHENU GOLD' Mark
The Delhi High Court on 1 July upheld an interim injunction passed by a Single-Judge Bench restraining Ashiana Ispat Limited (AIL) from using the trademark “AL KAMDHENU GOLD”, while simultaneously restraining Kamdhenu Limited (KL) from adopting the same mark. A Division Bench of Justices V. Kameswar Rao and Manmeet Pritam Singh Arora observed that AIL failed to acquire proprietary rights over the mark after abandoning its trademark application and failed to establish commercial use, while KL's...
Interim Monetary Relief On Disputed Claims In Arbitration Must Be Granted Sparingly: Delhi High Court
Interim monetary relief on disputed claims cannot be granted as a matter of course during arbitration proceedings and must be reserved for exceptional cases meeting a higher threshold, the Delhi High Court has held. It set aside an arbitral tribunal's direction requiring India International Convention and Exhibition Centre Limited (IICECL) to release about ₹227 crore to Larsen & Toubro Limited (L&T). Justice Harish Vaidyanathan Shankar observed that although arbitral tribunals have...
Corporates Have 'Lost Any Fear Of Consequences': Delhi High Court Denies Interim Relief In Trademark Dispute
The Delhi High Court has refused interim relief to More Than Water Private Limited, which sells packaged drinking water under the "MORE THAN WATERBOX" brand, in its trademark dispute with Nesco Limited, maker of "MY WATER BOX" packaged drinking water. The court held that More Than Water was not entitled to discretionary relief after relying on prima facie manipulated invoices and withholding material facts about its food safety license application. A division bench of Justice V. Kameswar Rao...
Delhi High Court Refers Comedian Papa CJ's Dispute Over Purchase Of Coffee Startup Shares To Arbitration
The Delhi High Court has appointed Advocate Veena Ralli as sole arbitrator to adjudicate a share purchase dispute between stand-up comedian Chirag Jain, popularly known as Papa CJ, and the promoters of Delhi-based coffee startup Beanly Beverages. The court held that whether the company, which did not sign the share purchase agreements, can nevertheless be treated as a party to the arbitration agreement is an issue that must be decided by the arbitral tribunal after examining the evidence. ...
Interrogatories Maintainable In Oppression & Mismanagement Cases Before Company Law Board: Delhi High Court
The Delhi High Court on Wednesday held that interrogatories are maintainable in oppression and mismanagement proceedings before the Company Law Board (now NCLT), observing that such discovery mechanisms help elicit material facts and shorten prolonged trials.A coram of Justice Anish Dayal held that interrogatories cannot be rejected merely on the ground of delay if they are relevant to the issues in dispute and are neither vexatious nor oppressive.Interrogatories are a set of written questions...
Delhi HC Holds Online Marketplace Access Creates Jurisdiction, Restores Radhey Krishna Trademark Suit
The Delhi High Court on 1 July restored a trademark infringement suit over the “RADHEY KRISHNA” agarbatti mark, holding that a Trial Court had wrongly returned the plaint for want of territorial jurisdiction despite evidence that the goods in question were listed on IndiaMart. A Division Bench of Justices C. Hari Shankar and Justice Om Prakash Shukla restored the suit filed by Rukhmani Keshwani, trading as “Vishwas Agarbatti Store,” against Raju Agarbatti Works, for adjudication on merits. It...
Delhi HC Holds Name Change Doesn't Nullify Arbitration Clause, Refers Newgen Dispute To Arbitration
On 1 July, the Delhi High Court referred a trademark infringement dispute between Newgen Software Technologies Ltd and Newgen IT Technologies Ltd, formerly known as Vcare Infotech Solutions and Services Pvt Ltd, to arbitration. A Division Bench of Justices C. Hari Shankar and Om Prakash Shukla set aside a Commercial Court order that had refused to refer the parties to arbitration, holding that a mere change in corporate name does not extinguish an arbitration clause in a subsisting agreement....
Counter-Claims Must Ordinarily Comply With Section 12A Pre-Institution Mediation: Delhi High Court
On 1 July, the Delhi High Court held that a defendant filing a counter-claim in a commercial suit must ordinarily comply with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, unless the disputes forming part of the counter-claim had already undergone mediation. A Bench of Justices Anil Kshetarpal and Amit Mahajan dismissed Vijay's appeal against the order rejecting his counter-claim under Order VII Rule 11 of the Civil Procedure Code for...
Delhi High Court Orders Takedown Of AI Deepfakes, Cloned Voice Ads Targeting Actor Ravi Kishan
The Delhi High Court on Thursday directed multiple online intermediaries, including Google, YouTube and X, to take down deepfake videos, AI-generated content, and cloned-voice advertisements that infringe the personality rights of actor-politician Ravi Kishan.During the hearing today, Justice Jyoti Singh drew a line between content amounting to unauthorised use of the actor's persona through artificial intelligence, which was ordered to be taken down immediately, and content alleged to be merely...
Bombay High Court Says Proof Of Dishonest Asset Transfer Not Needed To Secure Assets Pending Arbitration
The Bombay High Court has held that a party seeking interim protection before arbitration need not prove that the opposite side has dishonestly transferred or concealed its assets. A strong possibility that the assets may diminish before an arbitral award is enforced is sufficient to justify protection. Justice Amit Borkar observed, "The expression 'a strong possibility of diminution of assets would suffice' does not mean that the applicant must prove that the respondent has dishonestly...
Settlement Preserving S.138 Proceedings Keeps Cheque Dishonour Liability Alive: Delhi High Court
On 1 July, the Delhi High Court held that assignment of debt to a sister concern under a settlement agreement does not extinguish liability under the Negotiable Instruments Act where the settlement expressly preserves cheque dishonour proceedings, and interpretation of such settlement terms involves disputed questions of fact unsuitable for adjudication in proceedings under Section 482 CrPC. Justice Amit Mahajan dismissed petitions filed by Flywheel Logistics Pvt. Ltd. and its directors, Anil...