Delhi High Court
Delhi High Court Sets Aside Arbitral Award Against Indian Oil Corporation Over “Acute Reasoning Deficit”
The Delhi High Court has set aside an arbitral award, holding that an award lacking intelligible reasoning is liable to be set aside under Section 34, as arbitral awards must satisfy the requirement of reasoned decisions under Section 31(3) of the Arbitration and Conciliation Act, 1996. A Bench of Justice Harish Vaidyanathan Shankar held that an arbitral award must disclose a clear reasoning process and cannot merely reproduce pleadings or record conclusions without analysis. The challenge was...
Party Cannot Bypass MSMED Act Mechanism To Seek Arbitrator Appointment: Delhi High Court
The Delhi High Court on 9 April 2026 held that once a party invokes the dispute resolution mechanism under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 and the matter is pending before the Micro and Small Enterprises Facilitation Council, it cannot bypass that process by approaching the Court under Section 11(6) of the Arbitration and Conciliation Act, 1996. A Bench of Justice Mini Pushkarna clarified that even where the Council delays in initiating arbitration,...
Delhi High Court Blocks Rogue Websites From Streaming HBO's 'Euphoria' Ahead Of Season 3 Release
The Delhi High Court has recently granted an ex parte ad interim injunction in favour of Home Box Office Inc. (HBO), restraining 43 defendants, including 20 “rogue” websites, from unauthorisedly streaming or distributing its series “Euphoria” ahead of the imminent release of its third season. The order was passed on April 6, 2026 by Justice Tushar Rao Gedela, who observed that any delay in blocking access to infringing websites could result in financial losses and an irreparable breach of HBO's...
Commercial Court Cannot Deny Liberty To Refile Suit Without Rejection Under The CPC: Delhi High Court
The Delhi High Court on 8 April 2026 held that a Commercial Court cannot deny a party the liberty to withdraw a suit with permission to institute a fresh suit unless the plaint is rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908. A Division Bench of Justices Vivek Chaudhary and Renu Bhatnagar set aside a Commercial Court order dated 15 December 2025 that permitted withdrawal of the suit without granting the appellant the liberty to file afresh. The Court held: “In absence...
Seat Of Arbitration Can Be Inferred From Exclusive Jurisdiction Clause: Delhi High Court
The Delhi High Court on 8 April 2026 held that where an agreement provides for arbitration and also contains an exclusive jurisdiction clause, such clause indicates the seat of arbitration even if the agreement does not expressly specify the seat or venue. A Single-Judge Bench of Justice Subramonium Prasad heard a petition under Section 11 of the Arbitration and Conciliation Act, 1996 filed by Pidge Technologies Pvt. Ltd. seeking appointment of an arbitrator in its dispute with Sliksync...
Delhi High Court Upholds Arbitral Award In Favour Of NCC In AIIMS Bhopal Project Dispute With Health Ministry
The Delhi High Court has upheld an arbitral award in favour of NCC Limited in a dispute arising from the construction of the medical college and hostel complex at AIIMS Bhopal, finding no ground for interference under Section 34 of the Arbitration and Conciliation Act, 1996. Justice Jasmeet Singh dismissed a petition filed by the Ministry of Health and Family Welfare challenging the arbitral award dated 8 May 2017 passed by a sole arbitrator.The court reiterated that proceedings under Section...
Delhi HC Restrains Flipkart From Listing Pirated Bharati Bhawan Books; Ad-Interim Injunction against 17 Sellers
The Delhi High Court has directed Flipkart to refrain from listing counterfeit or pirated copies of Bharati Bhawan's educational books while granting an ex parte ad interim injunction against 17 online sellers. The 80-year-old publishing house approached the court after discovering that its most popular academic titles, authored by renowned specialists like Dr. H.C. Verma and Dr. R.S. Aggarwal, were being sold as pirated counterfeits on the platform. Justice Tushar Rao Gedela, on March 27,...
Delhi High Court Upholds 18% Interest On Arbitral Award, Says Tribunals Free To Grant Such Rates Under Pre-2015 Law
The Delhi High Court has upheld an arbitral award granting 18% interest on the awarded sum to a contractor, holding that tribunals have wide discretion to fix interest rates under the pre-2015 arbitration law. Justice Harish Vaidyanathan Shankar, in a dispute between the Municipal Corporation of Delhi (MCD) and Anil Gupta, however, modified the award to direct that interest would run only from July 6, 2008, the date of invocation of arbitration, instead of March 8, 2004. “Under the statutory...
Delhi High Court Sets Aside FEMA Confiscation For Lack Of Reasons, Upholds Penalty
The Delhi High Court has set aside confiscation orders passed under the Foreign Exchange Management Act, 1999 (FEMA), holding that such action cannot be sustained in the absence of reasons.A Division Bench of Justices Navin Chawla and Ravinder Dudeja partly allowed a batch of appeals filed against orders of the Appellate Tribunal for Foreign Exchange, which had affirmed penalties as well as confiscation of funds lying in Non-Resident (Non-Repatriable) Rupee (NRNR) accounts.The case arose from...
Delhi High Court Protects 'HIMALAYA' Trademark, Temporarily Restrains Use Of Deceptively Similar Mark
The Delhi High Court has temporarily restrained an individual from using the mark “HIMALAYA THE NUTRA HEALTH CARE” or any deceptively similar mark, protecting Himalaya Wellness Company's “HIMALAYA” trademark for pharmaceutical and allied products. A single bench of Justice Jyoti Singh, in an order dated March 30, 2026, held that Himalaya Wellness Company had made out a prima facie case of trademark infringement and passing off, observing that the defendant had adopted deceptively similar marks...
Delhi High Court Restrains Rival From Using JVCO 2024's 'Mother Care' Mark For Baby Products
The Delhi High Court has granted an ex-parte ad-interim injunction in favour of JVCO 2024 Limited, restraining a rival from using the mark “MOTHER CARE” for baby products, holding it to be identical and deceptively similar to its registered trademark “MOTHERCARE”.Justice Tushar Rao Gedela, in an order dated April 7, 2026, observed, “It is apparent from the above that the defendant has dishonestly adopted the mark MOTHER CARE without any justifiable reasons. As noted above, the two marks are...
Delhi High Court Restrains Forensic Investigator From Circulating Confidential Report Part Of Kochhar And Co Suit
The Delhi High Court on Tuesday restrained a forensic investigator from disclosing or circulating a report forming part of a privileged investigation in a commercial suit filed by Kochhar & Co. alleging breach of legal privilege and confidentiality.Justice Mini Pushkarna restrained the person from disclosing or circulating the report or any confidential material related to the assignment till the next date of hearing in August. “Accordingly, it is directed that till the next date of...