Delhi High Court
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...
Delhi High Court Enforces $454 Million Foreign Arbitral Awards In Favour Of Vedanta, Ravva Oil
The Delhi High Court has enforced two foreign arbitral awards in favour of Vedanta Limited and Ravva Oil (Singapore) Pte. Ltd. in a long-running dispute over the sharing of profit petroleum from the Ravva Oil Field in Andhra Pradesh. It ruled that the Union government's objections amounted to an impermissible attempt to reopen the merits of the awards. Justice Jasmeet Singh delivered the judgment. He held that the dispute arose from the interpretation of the parties' Production Sharing Contract...
Delhi High Court Refuses ITC Bid To Stop Adyar Gate Hotels' Use Of 'Dakshin' Mark
The Delhi High Court has refused to restrain Adyar Gate Hotels Limited from using the "DAKSHIN" trademark for its standalone Chennai restaurant. It held that ITC Limited's trademark infringement claim was not maintainable. The court also found that ITC had failed to establish a prima facie case for passing off or copyright infringement. A division bench of Justice C. Hari Shankar and Justice Om Prakash Shukla dismissed ITC's appeal against a single judge's order refusing interim relief. The...
Delhi High Court Says No 'Straight Jacket Formula' For Limitation In Enforcing Foreign Arbitral Awards
The Delhi High Court has allowed enforcement of a €9.71 million International Chamber of Commerce arbitral award in favour of Spain-based travel technology company Amadeus IT Group S.A. against Ebix Cash Limited. The court rejected Ebix Cash's objections that the underlying transaction violated Indian public policy and held the foreign award enforceable in India. Justice Jasmeet Singh also rejected Ebix Cash's contention that the enforcement petition was filed beyond the limitation period....
BSNL Cannot Impose Price Reduction While Extending Delivery Time Under Supply Contracts: Delhi High Court
The Delhi High Court on Wednesday upheld two arbitral awards directing Bharat Sanchar Nigam Ltd. (BSNL) to refund nearly ₹19.31 lakh and ₹44.95 lakh deducted from telecom equipment contractor BWL Ltd. towards price reduction. The court held that the original contracts did not permit BSNL to unilaterally impose a price reduction while granting extensions of time.Justice Jasmeet Singh observed that novation of a contract requires mutual agreement and consensus ad idem between the parties. Holding...