Arbitration Clause Signed By Only One Party Invalid, Award Unenforceable: Delhi High Court

The Delhi High Court on 5 May held that an arbitration clause contained in a document signed by only one party does not constitute a valid arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996, in the absence of material demonstrating mutual consent to arbitrate. A Division Bench of Justices Anil Kshetarpal and Amit Mahajan further held that an arbitral award founded on such a defective agreement is a nullity and incapable of execution and upheld the Executing...

Claims Not Part Of Insolvency Resolution Plan Cannot Be Revived Through Arbitration: Delhi High Court

The Delhi High Court has held that claims that are not part of an approved insolvency resolution plan cannot later be revived through arbitration. Justice Harish Vaidyanathan Shankar observed: “Once the corporate insolvency resolution process attains finality within the statutory framework contemplated under the IBC, the claims of all stakeholders stand crystallized and are thereafter governed exclusively by the terms of the Resolution Plan. Such claims cannot be revived, re-agitated, or...

Unenforceable Foreign Arbitral Award Does Not Extinguish Original Cause Of Action: Delhi High Court

The Delhi High Court has reiterated that a foreign arbitral award that has been found unenforceable in India does not extinguish the original civil claim between parties, while restoring a recovery suit filed by a U.S.-based almond supplier. A Division Bench of Justice Anil Kshetarpal and Justice Amit Mahajan held, “the cause of action for recovery of the amount claimed does not cease to exist merely because a foreign arbitral award has been passed, particularly when such award has been held to...

Adani Ent. Files Caveat In Supreme Court After NCLAT Upholds Approval Of Its Resolution Plan For JAL

Adani Enterprises has filed a caveat before the Supreme Court anticipating an appeal by Vedanta Ltd against the NCLAT judgment upholding the approval of Adani's nearly ₹14,535 crore resolution plan for debt-laden Jaiprakash Associates Ltd (JAL). The caveat ensures that in case Vedanta files an appeal, no interim order is passed without first hearing Adani Enterprises. In its May 5, 2026 judgment, the NCLAT dismissed Vedanta's appeals challenging the approval of Adani Enterprises' resolution...

Delhi High Court Orders Cancellation Of Indian Firm's 'ALPHARD' Trademark Registrations In Favour Of Toyota

The Delhi High Court has allowed Toyota Jidosha Kabushiki Kaisha's appeal and directed removal of the trademark 'ALPHARD' from the Indian Trade Marks Register, holding that the Japanese automaker had established spill-over reputation of the mark in India prior to Tech Square Engineering Pvt. Ltd.'s registration of the mark. A Division Bench of Justice C. Hari Shankar and Justice Om Prakash Shukla, in a judgment pronounced on May 4, cancelled Tech Square's ALPHARD trademark registrations...

Civil Courts Cannot Grant Injunctions Against SARFAESI Action: Karnataka High Court

The Karnataka High Court has set aside a Commercial Court order that had stopped lenders from taking action under the SARFAESI Act, holding that such directions cannot be issued by civil courts. Referring to Section 34 of the SARFAESI Act, which bars courts from granting injunctions in such matters, the Court said: “A plain reading of the said section indicates that it proscribes any Civil Court from issuing any injunction not only with respect to the action taken, but also to an action that...

Delhi High Court Directs Release of Seized Gold, Notes Redemption Relief Already Granted

The Delhi High Court has directed Customs authorities to release seized gold after noting that an individual passenger had already been granted redemption of the goods in appeal, which was affirmed in revision. A bench of Justice Nitin Wasudeo Sambre and Justice Ajay Digpaul observed that the petitioner, Harish Kumar, had secured substantial relief through the appellate process, which stood affirmed by the Revisional Authority. Emphasising this, the Court directed immediate release of the gold...

Karnataka High Court Allows Alternate Security In Arbitral Award Execution Despite Finality Of Stay Condition

The Karnataka High Court has held in an arbitral award execution matter that courts can modify conditions imposed while granting a stay, even if such conditions have attained finality, to secure the ends of justice. Justice H. T. Narendra Prasad observed: “While the condition imposed earlier has attained finality, the same does not preclude this Court from moulding the relief in execution proceedings so as to secure the ends of justice, particularly when adequate alternative security is...

Delhi High Court Dismisses Stock Broker's Plea Against Order Summoning Him In ₹42,000 Crore DHFL Fraud Case

The Delhi High Court has dismissed a petition filed by stockbroker Jalaj Batra challenging an order dated April 27, 2024 of a Special Judge (PC Act) at Rouse Avenue Courts, New Delhi, summoning him as an accused in the Rs 42,000 crore DHFL loan fraud and alleged share price manipulation case. The order involves taking cognisance of offences under the IPC and Prevention of Corruption Act, including criminal conspiracy, cheating, forgery and corruption. A bench of Justice Manoj Jain held that...

Supreme Court Pulls Up GNIDA For 'Persistent Inaction' In Monitoring Projects, Restores Earth Towne Resolution Plans

The Supreme Court of India on Tuesday observed that the Greater Noida Industrial Development Authority (GNIDA) was largely responsible for the situation surrounding stalled projects of Earth Infrastructures Ltd., including the Earth Towne project in Greater Noida, faulting it for failing to monitor development and allowing the situation to worsen.“We are, therefore, of the opinion that GNIDA contributed greatly to the present imbroglio by its persistent inaction and ineptitude all through....

Delhi High Court Restrains Brahmastra Pharmacy From Using 'STAND UP' Mark Over Trade Dress Similarity

The Delhi High Court on 30 April restrained Brahmastra Pharmacy from using the mark 'STAND UP' along with its label and trade dress in a suit filed by PSTGems Private Limited and found prima facie similarity warranting injunctive relief. A Bench of Justice Tushar Rao Gedela observed that interim protection can be granted against adoption of a deceptively similar trademark and trade dress when visual comparison indicates a likelihood of consumer confusion. He held: "the mark 'STAND UP'...is...

Receipt Of Indian Rupees From NRE Account Not “Foreign Exchange Dealing” Under FERA: Delhi High Court

The Delhi High Court on 30 April held that receipt of Indian currency from a Non-Resident External (NRE) account does not amount to “dealing in foreign exchange” under Section 8(1) or Section 8(2) of the Foreign Exchange Regulation Act, 1973 (FERA). A Division Bench of Justices Navin Chawla and Ravinder Dudeja set aside a penalty imposed on Prakash Chandra Yadav and allowed his appeal. It observed: “In the present case, the allegation against the appellant is not of dealing in foreign...