Delhi High Court
Delhi High Court Grants Interim Injunction To GSK Against Zee Laboratories In 'PHEXIN'-'FEXIT' Trademark Dispute
Calling it “a case of triple identity,” the Delhi High Court has restrained Zee Laboratories from using the marks 'FEXIT', 'FEXIT-B' and 'FEXIT-M', holding them deceptively similar to GlaxoSmithKline's registered antibiotic brand 'PHEXIN'. Justice Tejas Karia passed the order on February 28, 2026, on an interim application by GlaxoSmithKline Pharmaceuticals Ltd. seeking restraint against infringement of its mark 'PHEXIN', passing off, unfair competition and dilution. GlaxoSmithKline (GSK)...
Service Taxability Appeals Lie To Supreme Court, Not High Court: Delhi High Court Reiterates
The Delhi High Court has dismissed a service tax appeal filed by the Revenue, holding that questions relating to taxability fall outside the High Court's appellate jurisdiction under Section 35G of the Central Excise Act, and can be examined only by the Supreme Court.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul observed, “we have gone through the judgments cited by the counsel for the respondent in the matter of M/S Konark Exim Pvt. Ltd (referred supra). In the said matter,...
Delhi High Court Upholds CESTAT Order Allowing Verification Of Tax Exemption On Services To Foreign Embassies
The Delhi High Court has recently upheld an order passed by the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) permitting verification of certificates for claiming service tax exemption on services rendered to foreign embassies and diplomatic missions.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul held that no substantial question of law arose from the CESTAT's decision, which had remanded the matter to the adjudicating authority for the limited purpose of...
Delhi High Court Declines Interference With Arbitral Award In TDI-DMRC Advertising Rights Dispute
The Delhi High Court on 24 February dismissed a petition filed by TDI International India Ltd., challenging an arbitral award in a dispute with Delhi Metro Rail Corporation (DMRC), holding that no grounds existed for interference under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Harish Vaidyanathan Shankar observed: “...the grant of an ad hoc remission of 50% of the licence fee for the uninstalled area represents an exercise of contractual interpretation...
Delhi High Court Dismisses Perjury Plea Against Britannia In GOOD DAY Trademark Dispute With Desibites Snacks
The Delhi High Court has recently dismissed a plea seeking initiation of perjury proceedings against Britannia Industries Ltd and its authorised representative in a trademark dispute over the mark “GOOD DAY”. The plea was filed by Desibites Snacks Pvt Ltd and its director. The applicants alleged that Britannia had falsely stated on oath that it first became aware of their products only in the third week of October 2024. They also alleged that Britannia suppressed the fact that it had filed a...
Delhi High Court Calls ITAT's Indefinite Adjournment After Reserving Judgment 'Sheer Wastage Of Time'
The Delhi High Court has reprimanded the Income Tax Appellate Tribunal (ITAT) for adjourning an appeal sine die after the matter had already been heard and reserved for judgment. For context, although Petitioner's appeal before the ITAT had been heard at length and reserved for orders on September 3, 2025, the Tribunal subsequently listed the matter again and, on January 19, 2026, adjourned it sine die. This was done on the ground that a similar issue decided by the Tribunal in another case was...
Delhi High Court Finds 'Huge Counterfeiting Operation', Awards ₹2.5 Lakh Damages To HUL, P&G
The Delhi High Court has recently decreed a trademark infringement suit in favour of Hindustan Lever Ltd. (now HUL) and another plaintiff, a subsidiary of Procter & Gamble Company, USA, awarding Rs 2,50,000 in damages against individuals found to be engaged in counterfeiting fast-moving consumer goods. In a judgment delivered on February 28, 2026, Justice Tejas Karia held that the defendants were running a “huge counterfeiting operation” involving fake shampoos, creams, detergents and other...
Delhi High Court Dismisses UOI Challenge To ₹32.76 Crore Arbitral Award For Varindera As Time-Barred
The Delhi High Court recently dismissed the Union's challenge to a Rs. 32.76-crore arbitral award in favour of Varindera Constructions Limited. The Court held that the initial petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) was non-est filing and could not halt the running of limitation. A Bench comprising Justice Harish Vaidyanathan Shankar in a judgement dated 27 February observed that courts lack jurisdiction to condone delay beyond the...
Delhi High Court Grants Temporary Injunction Protecting Personality Rights Of Spiritual Leader Aniruddha Bapu
Calling the threat to his image “real and present”, the Delhi High Court has protected Maharashtra-based spiritual leader Dr Aniruddha Dhairyadhar Joshi's Persinlaity Rights Against AI-generated deepfakes. The court restrained the unauthorized use of his name, voice, and persona and ordered Google, Meta and X to take down infringing content within 48 hours and disclose subscriber information of those responsible. Justice Tushar Rao Gedela passed the ex-parte ad-interim injunction on February...
Delhi High Court Sets Aside Order Reviving Opposition To IBM's “TIVOLI” Trademark Application
The Delhi High Court has recently set aside an order of the Assistant Registrar of Trade Marks that permitted Tivoli Gardens to revive its opposition to International Business Machines Corporation's application for registration of the mark “TIVOLI”. Justice Tejas Karia allowed IBM's appeal. The court held that the statutory timeline for filing evidence in support of opposition admits of no discretion. The court ruled that under Rule 45 of the Trade Marks Rules, the two-month period for filing...
Delhi High Court Stays Encashment of Conditional Bank Guarantees, Says Invocation Prima Facie Extra-Contractual
The Delhi High Court has held that a determinable contract cannot be protected against termination. However, interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 can be granted to stay encashment of conditional bank guarantees if the proposed invocation is prima facie not traceable to the contract. Justice Harish Vaidyanathan Shankar passed the order in a petition filed by Sadguru Engineers and Allied Services Pvt Ltd against National Highways Infrastructure Development...
Delhi High Court Partly Sets Aside Arbitral Award Against Airports Authority Of India Over Limitation
The Delhi High Court has recently partly set aside an arbitral award against the Airports Authority of India, holding that claims not raised or specifically reserved in the contractor's 1999 correspondence could not be sustained years later in arbitration. Justice Harish Vaidyanathan Shankar ruled that limitation may extend only to claims expressly articulated or reserved. It cannot apply to claims that were never mentioned in the relevant correspondence. “Merely because certain objections in...