WhatsApp Acknowledgment Of Arbitral Award Shows Acceptance, Bars Delayed Challenge: Delhi High Court

The Delhi High Court has dismissed a challenge to an interim arbitral award after finding that the party seeking to set it aside had acknowledged receiving it on WhatsApp, participated in discussions on its implementation, and acted upon it before questioning the award only after execution proceedings were initiated. The court held that the challenge to the interim arbitral award, raised more than two years after the petitioner admittedly acquired knowledge of it was barred by...

'Duly Certified Copy' Under HC Arbitration Scheme Can Include Party Or Counsel Attestation: Kerala High Court

The Kerala High Court has recently held that, for the purpose of arbitration requests filed under the Kerala High Court Scheme for Appointment of Arbitrators, 1996, a "duly certified copy" of a private arbitration agreement does not have to be certified by a public authority. It held that the requirement is satisfied where the party files an affidavit certifying the copy as a true copy of the original, explains why the original has not been produced, and submits a copy attested to by the party...

'Enforced' Is Not The Same As 'Enforceable' For Post-Arbitral Award Interim Relief: Telangana High Court

The Telangana High Court has recently held that an award-holder can invoke Section 9 of the Arbitration and Conciliation Act to seek interim protection until an arbitral award is actually enforced. The remedy remains available even after the award becomes enforceable. A Division Bench of Justices Moushumi Bhattacharya and Gadi Praveen Kumar ruled that the expression "before it is enforced" in Section 9 refers to the completion of enforcement proceedings. It cannot be equated with the stage when...

Karam Industrial Works Gives Up 'K.I.W.' Trademark, Delhi HC Records Settlement In K.W. Mark Dispute

The Delhi High Court has recorded a settlement between K.W. Enterprises and Karam Industrial Works under which Karam Industrial Works agreed to give up the "K.I.W." trademark and label used for goods covered under trademark Class 12, which includes vehicles and related goods. It also agreed to surrender its copyright registration over the artistic work in the label and consented to its cancellation. In return, K.W. Enterprises gave up its claims for damages, costs, and delivery of infringing...

Delhi High Court Restrains Traders From Using 'Beauty Of Joseon' Trademark And Trade Dress

The Delhi High Court on 2 July granted an ex parte ad interim injunction restraining traders from using GoodAI Global Inc.'s trademark and trade dress associated with its "Beauty of Joseon" skincare brand, and directed Amazon Seller Services to de-list the impugned products. Justice Anup Jairam Bhambhani observed that the plaintiff had “succeeded in making out a prima-facie case for issuance of an ex parte ad interim injunction... for infringement by defendants Nos. 1 to 3 of the...

Taxpayer Cannot Invoke Section 73(4B) Limitation After Delaying Service Tax Proceedings: P&H High Court

The Punjab and Haryana High Court on 2 July held that the one year period prescribed under Section 73(4B) of the Finance Act, 1994 for passing adjudication orders in cases involving the extended period of limitation is not mandatory in all circumstances and cannot be invoked by a taxpayer whose own conduct caused delay in the proceedings. A Division Bench comprising Acting Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor dismissed the appeal filed by Sanjay Verma, an architect and...

Madras High Court Quashes Reassessment Based On Material Already Examined During Original Assessment

The Madras High Court has recently set aside reassessment proceedings initiated against an engineering equipment manufacturer after finding that the Income Tax Department reopened the assessment based on material that had already been disclosed and examined during the original assessment. Justice Senthilkumar Ramamoorthy observed that the reassessment amounted to an impermissible change of opinion. "On comparing the above reasons for reopening with the reply of the petitioner to the notice...

Delhi HC Rejects Intra-Cellular Therapies' Patent Appeal, Holds Bioavailability Alone Insufficient

The Delhi High Court on 6 July upheld the order of the Controller of Patents and Designs dated 27 April 2023, which had rejected the patent application filed by Intra-Cellular Therapies Inc. for “Organic Compounds” on the ground that the claimed invention lacked novelty. Justice Tushar Rao Gedela dismissed Intra-Cellular Therapies Inc.'s appeal against the rejection of its patent application for deuterated organic compounds used in treating psychiatric disorders, holding that the claimed...

Procedural Irregularity Without Prejudice Not Ground To Set Aside Arbitral Award: Delhi High Court

The Delhi High Court on 6 July held that a party challenging the constitution of an arbitral tribunal must establish actual prejudice caused by the alleged procedural irregularity, and that mere dissatisfaction with the appointment process cannot be a ground to set aside an arbitral award. Justice Harish Vaidyanathan Shankar dismissed a petition filed by Shriram Pistons & Rings Limited challenging an arbitral award passed in favour of Usha International Limited. He observed: “It is also...

Gujarat HC Holds Reassessment Notice Cannot Be Challenged After Assessment Order, Directs Appeal Remedy

The Gujarat High Court on 29 June held that a reassessment notice cannot be challenged through a writ petition after reassessment proceedings have culminated in an assessment order. A Division Bench comprising Justices A.S. Supehia and Vaibhavi D. Nanavati dismissed the writ petitions filed by Jitendra Shankarlal Mistri and others, holding that the petitioners could avail the statutory remedy of appeal against the reassessment orders before the Commissioner of Income Tax (Appeals). The...

Tripura High Court Holds CGST Authorities Cannot Reopen Issues Already Taken Up By SGST, Quashes Order

The Tripura High Court on 30 June held that Central Goods and Services Tax (CGST) authorities cannot initiate adjudication proceedings on issues that have already been taken up by State Goods and Services Tax (SGST) authorities on the same subject matter. A Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Biswajit Palit quashed a challenge to a demand cum show cause notice dated 22 July 2024 and an Order in Original dated 3 February 2025 issued under Section 74 of the Central...

Pre-Cognizance Hearing Under BNSS Doesn't Apply In Companies Act Cases: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that companies and individuals prosecuted by the Serious Fraud Investigation Office (SFIO) under the Companies Act, 2013 are not entitled to a pre-cognizance hearing under the first proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It ruled that the Companies Act prescribes a separate procedure for taking cognizance in such prosecutions. Justice Subhas Mehla, who heard a petition filed by Vivo India Private Limited challenging...