Supreme Court & High Courts
HC Master's Order In Arbitration Execution Treated As Commercial Division Order, Not Appealable: Madras High Court
The Madras High Court has recently held that when a Master passes an order in execution of an arbitral award arising out of a commercial dispute, the order is equivalent to one passed by the Commercial Division of the High Court itself and cannot be challenged again before the Commercial Division. "When a Master passes an order in an Execution Petition filed under Section 36 of the Arbitration Act, the said order is equivalent to the order of the Commercial Division of the High Court and there...
Jioo Organics Agrees To Drop Reliance, Jio-Like Marks In Settlement Before Delhi High Court
The Delhi High Court has restrained a trader accused of using marks deceptively similar to Reliance Industries' registered trademarks “RELIANCE” and “JIO”. after both the parties entered into settlement. A bench of Justice Tushar Rao Gedela recorded a settlement between Reliance Industries and a trader, who was operating under the trade name “Jioo Organics”. Reliance Industries had filed the suit against Pawan Kumar Gupta and others, alleging trademark infringement and passing off. The...
Algorithm-Based Arbitrator Selection Cannot Cure Unilateral Appointment Illegality: Bombay High Court
Recently, the Bombay High Court came down heavily on banks and non-banking finance companies for attempting to legitimise unilateral arbitrator appointments through institution-backed and algorithm-based selection mechanisms, holding that such practices are manipulative devices to circumvent Supreme Court rulings on arbitrator independence and neutrality. Justice Somasekhar Sundaresan set aside arbitral orders passed in proceedings initiated by IIFL Finance and issued directions for compliance...
Urgent Interim Relief Test Cannot Defeat Commercial Suit At Threshold: Bombay High Court
The Bombay High Court on 4 April held that a plea for urgent interim relief cannot be used to defeat a commercial suit at the threshold by invoking non-compliance with Section 12-A of the Commercial Courts Act. Justice Gauri Godse held that whether a case involves “urgent interim relief” must be assessed from the plaintiff's standpoint at the time of filing, and not on the basis of the final outcome of the relief. On this reasoning, the Court dismissed interim applications filed by IIFL Finance...
Supreme Court Refuses To Interfere With Bombay HC Order Protecting 'GERMINATOR' Trade Dress
The Supreme Court recently (May 4) dismissed a Special Leave Petition filed by Anannya Agro Products challenging a Bombay High Court order granting interim injunction in favour of Dr. Bawaskar Technology (Agro) Pvt. Ltd. in a trademark and trade dress dispute concerning the mark “GERMINATOR”. A bench of Justice J.B. Pardiwala and Justice Vijay Bishnoi found no error in the High Court's March 16 order, stating: “We find no error, not to speak of any error of law said to have been committed by...
Telangana High Court Temporarily Bars PPL From Coercing Hyderabad Bar To Obtain Music Licence
The Telangana High Court on May 4, 2026 granted interim protection to a Hyderabad restaurant and bar, restraining Phonographic Performance Limited (PPL) from coercing it to obtain a music licence until the next hearing on June 19. Justice Renuka Yara was hearing a writ petition filed by Dark Horse Hospitality and Events LLP, which runs Babylon Bar and Kitchen in Jubilee Hills. The establishment has challenged what it describes as an unlawful attempt by PPL to compel businesses to obtain...
Arbitral Award Cannot Be Set Aside In Entirety If Claims Are Separable: Karnataka High Court
The Karnataka High Court has held that an arbitral award comprising distinct and separable claims cannot be set aside in its entirety merely because one component is found invalid, as courts have the power to sever the invalid portion while sustaining the valid portion. A Division Bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha allowed the appeal filed by Pinaka Infomatics Private Limited and modified the order of the Commercial Court, Bengaluru, which had set aside the arbitral...
Bombay High Court Grants Relief To Goa Ex-CMs Digambar Kamat, Churchill Alemao In Louis Berger PMLA Case
The Bombay High Court at Goa has recently set aside a Special Court order taking cognizance against former Goa Chief Minister and current PWD Minister Digambar Kamat and Former Chief minister Churchill Alemao in the Louis Berger-linked money laundering case. The court held that prior government sanction to prosecute them, as required under Section 197 of the Code of Criminal Procedure for public servants, had not been obtained before cognizance was taken. A single-judge bench of Justice...
Supreme Court Affirms Investor's Right To Maintain Oppression Plea Despite No Entry In Register Of Members
The Supreme Court has recently held that an investor can, in certain cases, maintain oppression and mismanagement proceedings under the Companies Act, 1956 even if his name was never entered in the company's register of members, particularly where the company had consistently recognised and treated him as a stakeholder. “A conjoint reading of Sections 397, 398 and 399 indicates that the expression “member” cannot be construed in isolation or confined to the technical formulation contained in...
Arbitration Agreement Inferred From Invoices & Conduct Despite No Clause In Purchase Orders: Bombay High Court
The Bombay High Court on 5 May held that an arbitration agreement can be inferred even in the absence of an express arbitration clause in the original purchase orders, where subsequent contractual documents and the conduct of the parties indicate a clear intention to arbitrate. Justice Sandeep V. Marne allowed a Section 11 application by Hitesh Coal Traders and appointed Advocate Suyash Gadre as the sole arbitrator to adjudicate disputes with Indapur Dairy & Milk Products Ltd. arising from...
Mere Default Of Business Loan Cannot Justify Issuance Of LOCs, Curtail Right To Travel Abroad: Delhi High Court
The Delhi High Court has held that Look Out Circulars (LOCs) cannot be sustained merely because loans have not been repaid and no criminal case is pending against borrowers, directors, or guarantors. "Mere inability to repay a debt, without there being a criminal case, cannot be a reason to deprive a citizen of the fundamental rights guaranteed under Article 21. The issuance of an LOC cannot be resorted to in every case of bank loan default or credit facility availed for business purposes....