Madras High Court Restrains Online Piracy Of Rajinikanth's 'Jailer 2' Ahead Of Release

The Madras High Court on Tuesday restrained unauthorised copying and streaming of Rajinikanth-starrer Jailer 2, scheduled for release on October 15, in an interim injunction granted to producer Sun TV Network Limited. Justice P.B. Balaji, by an order dated October 13, also directed internet service providers and other concerned service providers to block access to identified piracy websites and additional mirror, redirect and alphanumeric URL variants notified by Sun TV or its authorised...

Madras High Court Sets Aside Refusal Of 'THE SKIN COMPANY' Trademark, Orders Advertisement

The Madras High Court on 9 October set aside the refusal of Hyderabad-based Tregum Remedies Private Limited's application for “THE SKIN COMPANY” in Class 3 and directed the Registry to advertise the mark in the Trade Marks Journal. A Single Judge Bench of Justice P.B. Balaji held that the Registry had failed to give reasons for refusing the application, consider the company's reply or assess the mark as a whole. He observed: “it is not open to the authorities or the Courts to dissect a...

Exclusive Jurisdiction U/S 42 Of Arbitration Act Requires First Court To Be Competent: Madras High Court

The Madras High Court on 12 October held that Section 42 of the Arbitration and Conciliation Act, 1996, grants exclusive jurisdiction to the court where an application is first filed only if that court has jurisdiction under the arbitration agreement. A Division Bench comprising Justices N. Sathish Kumar and G.K. Muthukumaar allowed an appeal filed by an investor, subsequently represented by his legal heirs, against Sharekhan Limited. It set aside a Single Judge's order dismissing the...

Permission To Cross-Examine Witnesses Cannot Revive Forfeited Right To Seek Arbitration: Madras High Court

The Madras High Court has ruled that a party cannot seek arbitration in a commercial suit after forfeiting its right to file a written statement within the mandatory 120-day deadline, even if it is subsequently allowed to cross-examine witnesses.A Division Bench of Justice N. Sathish Kumar and Justice G.K. Muthukumar held that allowing a party to participate in cross-examination does not permit it to bypass the statutory deadline by subsequently seeking reference to arbitration.“Merely because...

Customs Cannot Detain Cattle Feed As Prohibited Goods Without Sufficient Grounds: Madras High Court

The Madras High Court on 28 September held that Customs authorities cannot treat imported cattle feed as prohibited goods merely on allegations of diversion for human consumption, particularly when laboratory reports indicate that the goods are unfit for human consumption.A Division Bench comprising Justices Anita Sumanth and S. Raveekumar upheld the direction to release the consignment against sufficient indemnity in an appeal filed by Customs authorities against S.R. Rajarajendiran, proprietor...

Madras High Court Sets Aside ₹5.50 Crore GST Demand Based On Projected Revenue From Unbuilt Construction

The Madras High Court has set aside a ₹5.50 crore GST demand against Shree Velu Builders Private Limited, holding that tax cannot be levied on projected revenue from two building blocks merely because their plans had been approved. The court noted that construction had not commenced in either block.Justice Krishnan Ramasamy remanded the matter to the State Tax Officer for fresh consideration, subject to the company depositing ₹50 lakh within four weeks.The case arose from an order passed against...

Madras High Court Rules In Favour Of Mahindra Holidays On ₹158 Crore Membership Fees, Software Licence Tax Dispute

The Madras High Court has ruled in favour of Mahindra Holidays and Resorts India Ltd. on its accounting treatment of membership fees worth ₹158.43 crore. It also held that expenditure on domestic software licence renewals could not be disallowed merely because the company had deducted tax on software purchases from foreign suppliers.A Division Bench of Justice Anita Sumanth and Justice S. Raveekumar observed that the company could apportion membership fees over the membership period instead of...

Religious Significance Of 'Annapurna' Does Not Bar Trademark Protection: Madras High Court

The Madras High Court has held that the religious significance of the name “Annapurna” does not, by itself, prevent its protection as a trademark. The court refused to vacate an interim injunction against snacks maker Annapurna Swadisht Limited.Justice A.D. Maria Clete observed, “The religious significance of a name does not, by itself, render its use as a trademark incapable of protection.” The court clarified that GEF Foods India Private Limited was seeking protection for its registered mark...

SARFAESI Possession Orders Must Be Kept On Hold For 45 Days If DRT Challenge Is Planned: Madras High Court

The Madras High Court has held that an order authorising a secured creditor to take possession of a borrower's secured property must be kept in abeyance for 45 days if the creditor is informed that steps are being taken to challenge the order before the Debts Recovery Tribunal (DRT).“We are therefore of the view that an order passed under Section 14 of the SARFAESI Act will have to be kept in abeyance for a period of 45 days when it is brought to the notice of the secured creditor that steps are...

Depositor's Apprehension Of Recovery Can't Justify Impleadment In Creditor's Writ: Madras High Court

The Madras High Court on 8 October held that a depositor's apprehension that proceedings concerning mortgaged properties may affect his eventual recovery cannot, by itself, justify his impleadment in a writ petition filed by a secured creditor. Justice K. Govindarajan Thilakavadi made the observation while dismissing K. Karunanithi's application to join a writ petition filed by Axis Bank challenging proceedings under the Tamil Nadu Protection of Interests of Depositors (in Financial...

Madras High Court Constitutes 3-Member Arbitral Tribunal In L&T's ₹74.36 Cr. Rajkot Smart City Dispute

On 8 October, the Madras High Court constituted a three-member arbitral tribunal to resolve a Rs. 74.36 crore dispute between Larsen & Toubro and sub-contractor Radhe Krishna Infrastructure over the Rajkot Smart City project. Chief Justice Sushrut Arvind Dharmadhikari held that determining whether a later work order superseded earlier contractual terms falls within the domain of the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act, 1996. The Bench observed: ...

PMLA Not Meant For Private Property Disputes, ED Must Prioritise Public Money Cases: Madras High Court

On 6 October, the Madras High Court observed that the stringent provisions of the Prevention of Money Laundering Act (PMLA) are not meant to be invoked in disputes that are essentially between private individuals over private property, and that the Enforcement Directorate should prioritise cases involving public money, corruption and scams of national consequence. Justice N Ramesh granted bail to Ala Alagappan, the third accused in an ED money laundering case arising from allegations that his...