Remedy Against Refusal To Recall Arbitral Termination Lies Under Section 14(2), Not Section 34: Delhi HC

The Delhi High Court has held that a party cannot invoke Section 34 of the Arbitration and Conciliation Act, 1996 to challenge an order refusing to recall termination of arbitral proceedings passed under Section 25, and that the only remedy lies under Section 14(2) of the Act. A Bench of Justices C. Hari Shankar and Om Prakash dismissed the appeal filed by U.P. Infraestate Pvt. Ltd. against Rivaj Infratech Pvt. Ltd., holding that the Section 34 petition itself was not maintainable. The judges...

Delhi HC Temporarily Restrains Use Of 'Schezwan Dipping Chutney' Mark In Ching's Secret Trademark Suit

The Delhi High Court has temporarily restrained Kishan Rameshbhai Kaswala, trading as K3 Masala, from dealing in products under the marks 'Schezwan Chutney' and 'Schezwan Dipping Chutney' in a trademark infringement suit filed by Capital Foods Private Limited, the maker of Ching's Secret products. Justice Tushar Rao Gedela passed the ex-parte ad-interim injunction order on May 22 after observing that the defendant's products were deceptively similar to the plaintiff's registered trademark and...

Delhi High Court Refers 'Intertwined' Builder JV, Settlement And Mortgage Deed Disputes To Arbitration Without Fresh Notice

The Delhi High Court has referred to arbitration a fresh round of disputes between Jiangxi Construction Engineering Group Co. Ltd. and Varaha Infra Ltd., holding that claims arising from their joint venture agreements, settlement arrangement, consent arbitral award and mortgage deeds were too closely connected to be separated. Justice Mini Pushkarna appointed former Delhi High Court judge Justice (Retd.) Jayant Nath as sole arbitrator to adjudicate the disputes between the parties. The court...

Delhi HC Quashes ₹3.20 Crore Customs Communication Against Vivo India After Customs Agrees To Issue SCN

The Delhi High Court on May 20 quashed a customs communication issued to Vivo Mobile India Pvt. Ltd. indicating differential duty liability of ₹3.20 crore, after the Customs Department stated that it would issue a show cause notice within four weeks.A Division Bench of Justices Nitin Wasudeo Sambre and Ajay Digpaul noted, “In consideration of the statement made by Mr. Naushad for issuance of a show cause notice within four weeks, we quash and set aside the impugned communication dated...

Delhi High Court Upholds ₹1.22 Crore Award Against Delhi Tourism & Transportation Development Corporation

The Delhi High Court on 21 April dismissed Delhi Tourism & Transportation Development Corporation's challenge to a majority arbitral award in favour of contractor Gammon India Ltd in a dispute over escalation payments under a construction contract for a bridge project over the Yamuna river. Justice Harish Vaidyanathan Shankar held that the arbitral tribunal's interpretation of the contract was a plausible one and did not warrant interference. DTTDC had entered into the contract with Gammon...

Delhi High Court Refuses Interim Relief To Vajiram & Ravi, Slams It For Delaying Main Trademark Suit

The Delhi High Court has refused to grant interim relief to civil services coaching institute Vajiram & Ravi in its trademark dispute with rival Vajirao & Reddy, while warning that the suit could face dismissal if the plaintiff fails to prosecute the trial. A division bench of Justice V. Kameswar Rao and Justice Manmeet Pritam Singh Arora passed the judgment on Tuesday while dismissing Vajiram & Ravi's appeal against a September 2023 single judge order refusing an interim...

Can Personality Rights Be Protected After Death? Meta Raises Query In Delhi HC Over Sadgurudev Babji's Personality Rights

Meta, on Tuesday, questioned before the Delhi High Court whether personality rights can be asserted for a deceased person, during the hearing of a suit by the Shree Swaminarayan Sarvopari Siddhant Digvijay Trust against a breakaway faction allegedly using the likeness and personality of its founder, Sadguru Shri Devnandandasji Swami, popularly known as Babji. During the hearing before Justice Tushar Rao Gedela, counsel for Meta, while addressing the reliefs sought against intermediary...

Delhi High Court Denies Interim Relief To Buyer As Developer's Claims Fail In Arbitration

The Delhi High Court has refused interim protection to a purchaser seeking to restrain the creation of third-party rights and maintain status quo over the first floor of a Greater Kailash-I property, holding that the claim could not survive once the developer's claimed authority to create such rights stood rejected in arbitrationJustice Harish Vaidyanathan Shankar held that the buyer's claim was entirely derivative of the Collaboration Agreement executed between developer Aditya Bhutani and the...

Delhi High Court Directs SpiceJet To Disclose Assets In Sunbird France Plea To Enforce ₹84 Crore Foreign Decree

The Delhi High Court on Tuesday directed SpiceJet Ltd to file an affidavit disclosing its assets within three weeks in proceedings initiated by France-based aircraft lessor Sunbird France 02 SAS. Sunbird is seeking enforcement of a foreign decree of around ₹84 crore passed by the England & Wales Commercial Court against the airline. Justice Vikas Mahajan recorded the consent of the parties. He directed that, without prejudice to their rights and contentions, SpiceJet shall file the...

Urban Company Agrees Before Delhi High Court To Edit One Of Ads Allegedly Disparaging Kent RO Products

Urban Company (UC), maker of the Native RO water purifier, agreed before the Delhi High Court on Tuesday to edit one of three advertisements that Kent RO Systems alleged were disparaging its products, without agreeing to take it down entirely.The matter was heard by Justice Tushar Rao Gedela, with Senior Advocate Amit Sibal appearing for Urban Company and counsel for Kent RO walking the court through the three advertisements frame by frame. The Court, however, did not pass any takedown...

Delhi High Court Refuses Interim Relief To Commercial Space Licensee Against Delhi Metro Rail Corporation

The Delhi High Court has refused interim relief to QC One Solutions Pvt. Ltd. against Delhi Metro Rail Corporation's termination of a licence agreement for commercial spaces at three metro stations. The court prima facie found that the company had repeatedly defaulted on payment of licence fees and electricity dues despite multiple opportunities to cure the breaches. Justice Vikas Mahajan, in an order passed on May 20, held that QC One Solutions had failed to establish a prima facie case for...

Delhi High Court Sets Aside Rejection Of Patent For VIB's Oral Protein Delivery Invention

The Delhi High Court has set aside the Controller of Patents' refusal of a patent application filed by VIB VZW, a Belgium-based life sciences research institute for an invention relating to oral delivery of therapeutic proteins, holding that the patent authority failed to consider the applicant's submissions and passed an unreasoned order.Justice Jyoti Singh held that the failure to engage with the applicant's detailed response defeated the patent examination process itself. “Not according...