Extension Without Liquidated Damages Does Not Bar Damages Or Bank Guarantee Invocation: Delhi HC

The Delhi High Court on 25 May held that extension of time without levy of liquidated damages does not, by itself, prevent a party from later invoking contractual remedies, including liquidated damages and enforcement of an unconditional bank guarantee, where disputes relating to delay and termination require arbitral adjudication. A Bench of Justice Mini Pushkarna declined relief to Kalpataru Projects International Limited and refused to grant interim protection under Section 9 of the...

Delhi HC Sets Aside ₹55 Lakh Arbitral Award To Budhiraja Electricals, Rejects Clause 10CC-Based Damages

The Delhi High Court on 22 May set aside arbitral awards granting Rs. 38.96 lakh towards escalation and Rs. 16.23 lakh towards loss of profits to Budhiraja Electricals in its dispute with the Public Works Department, Government of NCT of Delhi. Justice Harish Vaidyanathan Shankar held that an arbitral tribunal cannot use Clause 10CC of the General Conditions of Contract as a substitute for proof of actual loss once it finds the clause inapplicable to the extended period, and reiterated that...

High Courts' Supervisory Jurisdiction In Arbitration Falls Within 'Razor-Thin Compass': Delhi High Court

The Delhi High Court has held that its power to interfere in arbitral proceedings is confined to a “razor-thin compass,” refusing to interfere with an arbitral tribunal's rejection of Sunil Walia's jurisdictional objections in a partnership dispute involving Jason Enterprises. Justice Purushaindra Kumar Kaurav observed that judicial intervention in arbitral matters must remain exceptional. “At the outset, it may be observed that there is no absolute bar on the exercise of jurisdiction under...

Delhi HC Upholds DGCEI Officers' Discharge In Custodial Torture Case, Rejects CCTV Evidence

On 22 May, the Delhi High Court upheld the discharge of officers of the Directorate General of Central Excise Intelligence (DGCEI) who were accused of illegally detaining, kidnapping and torturing a businessman during a central excise investigation. A Bench of Justice Amit Mahajan held that the CCTV footage relied upon by the complainant was not admissible because it did not have the required certificate under Section 65B of the Indian Evidence Act, 1872 and dismissed the revision petitions...

Delhi High Court Restrains Named, Unknown Parties From Using SKF Trademark For Bearings, Freezes Bank Accounts

The Delhi High Court has temporarily restrained five known entities and several unknown entities from using Swedish bearing manufacturer AB SKF's registered “SKF” trademark after finding a prima facie case that they were allegedly dealing in counterfeit bearings, while also directing Kotak Mahindra Bank to freeze three bank accounts linked to some of them. Justice Tushar Rao Gedela observed that the entities appeared to be making “unlawful financial gains” at AB SKF's expense. “It appears that...

Delhi High Court Sets Aside Patent Rejection Of Biotyx Medical, Slams Hindsight Analysis

The Delhi High Court on 19 May set aside an order of the Assistant Controller of Patents and Designs that had refused to grant a patent to Biotyx Medical Shenzhen Co. Ltd for its invention titled “Absorbable Stent.” A Bench of Justice Jyoti Singh held that the rejection relied on hindsight analysis and failed to follow settled principles of patent law, and remanded the matter to the Controller for fresh consideration within four months. She noted that the Controller recorded Biotyx's...

Delhi High Court Restrains Google From Using Hindware Trademark As Ad Keyword, Awards ₹30 Lakh

The Delhi High Court has recently permanently restrained Google LLC and Google India from using the registered trademark “HINDWARE” as advertising keywords, holding that Google could not avoid responsibility for enabling infringement through its keyword advertising tools. Justice Mini Pushkarna, in a judgment pronounced on May 22, also directed Google LLC and Google India to jointly pay ₹30 lakh as nominal damages to Hindware Limited. “Google cannot be permitted to shrug off responsibility by...

Delhi High Court Revives University Of North Texas' Patent Bid For Marijuana Detection Breathalyser

The Delhi High Court has recently set aside the Indian Patent Office's refusal of a patent application filed by the University of North Texas for a breathalyser technology intended to detect cannabinoids, including THC, from breath samples. Justice Jyoti Singh, who heard the appeal, held that the rejection order could not be sustained as it failed to properly assess the claimed invention's patentability. “The conclusion is thus cryptic and unreasoned on as to how the use of a heating element...

Delhi High Court Quashes ₹2.30 Crore Arbitral Award Against IRCTC In Meal Tariff Dispute

The Delhi High Court has set aside an arbitral award directing Indian Railway Catering and Tourism Corporation Ltd. (IRCTC) to pay ₹2.30 crore to Foodworld in a dispute over reimbursement for second regular meals and welcome drinks under railway catering contracts. Justice Harish Vaidyanathan Shankar held that the controversy was substantially covered by the Supreme Court's ruling in Indian Railways Catering and Tourism Corp. Ltd. v. Brandavan Food Products. “The interpretation adopted by the...

Re-Filing Delays In Commercial Cases Must Be Treated As Seriously As Filing Delays: Delhi High Court

The Delhi High Court has dismissed an appeal by the Delhi Development Authority against a Commercial Court judgment upholding an arbitral award, refusing to condone delays in filing and re-filing the matter. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla underscored the need for strict adherence to timelines in commercial disputes arising from arbitral proceedings. “It is also settled that, in commercial matters, delay in re-filing has also to be treated with...

Timeline To Pass Arbitral Award Inapplicable If Arbitration Invoked Before 2015 Amendment: Delhi High Court

The Delhi High Court, in a family partnership dispute, has held that timelines introduced under the amended arbitration law for passing arbitral awards would not apply since arbitration had first been invoked before the amendment came into force. The 2015 amendment introduced a 12-month deadline for arbitral tribunals to make an award from the date they entered upon reference, extendable by six months with parties' consent. A division bench of Justices Prathiba M. Singh and Madhu Jain held,...

Delhi High Court Restrains “keiekae.store” From Using IKEA Name, Logo And Website Interface

The Delhi High Court on 20 May passed the order in a suit filed by Inter IKEA Systems BV and granted interim protection against trademark and copyright infringement. Justice Jyoti Singh restrained the registrant of the domain name “keiekae.store” from using IKEA's registered trademarks and from replicating the layout and user interface of IKEA's official website. She directed that until the next date of hearing, the defendant shall not use the IKEA name or logo in any manner, including as part...