Madras High Court
Madras High Court Affirms Fresh Arbitration In ₹2.5 Cr. Isha Foundation-BSNL Call Billing Dispute
The Madras High Court on 9 June dismissed Isha Foundation's appeal, upheld a Single Judge's order setting aside the arbitral award, and directed a fresh adjudication of its dispute with Bharat Sanchar Nigam Limited (BSNL). A Division Bench of Justices P. Velmurugan and Govindarajan Thilakavadi held that an Arbitral Tribunal cannot reject Call Detail Records (CDRs) and decide a dispute involving abnormal call traffic without obtaining expert opinion where technical issues require...
Madras High Court Revives Trademark Dispute Over “Idhayam” Mark, Orders Joint Trial In Connected Cases
The Madras High Court on 5 June revived a series of trademark infringement suits filed by the manufacturer of “Idhayam” sesame oil, holding that the unauthorised affixture of a registered trademark in India on goods intended for export constitutes a valid cause of action under the Trade Marks Act, 1999. A Division Bench of Justices P. Velmurugan and K. Govindarajan Thilakavadi allowed the appeals, set aside the orders of the Single Judges that had rejected the plaints, and restored the suits...
Minority Opinion Awarding Lesser Amounts Does Not Invalidate Majority Arbitral Award: Madras High Court
The Madras High Court has held that a majority arbitral award does not become invalid merely because a dissenting arbitrator awarded lesser amounts. The court dismissed a challenge by the Chennai Metropolitan Water Supply and Sewerage Board to an award in favour of SPML Infra Limited arising out of a Chennai sewerage pipeline project. A division bench of Justices P. Velmurugan and K. Govindarajan Thilakavadi observed: "The Tribunal consisted of three Arbitrators and the impugned Award is a...
Madras High Court Issues Statewide Directions For Timely Disposal Of SARFAESI Pleas Seeking Aid In Taking Possession
The Madras High Court on Friday issued a comprehensive set of statewide directions governing applications under Section 14 of the SARFAESI Act. The Court observed that delays by designated authorities defeat the legislation's objective of enabling expeditious recovery of secured assets and reducing non-performing assets (NPAs). Section 14 of the SARFAESI Act enables banks and other secured creditors to seek the assistance of a Chief Metropolitan Magistrate, Chief Judicial Magistrate or...
No Relief For Reimbursement Claims Made To Foreign Parent Without Expense Break-Up: Madras High Court
The Madras High Court has recently dismissed appeals filed by Cairn India Limited, now Vedanta Limited, and upheld tax demands over its failure to deduct tax at source (TDS) on payments remitted to its Australian parent company. While dismissing Cairn's plea, the court made it clear that a taxpayer cannot obtain relief merely by describing a lump-sum payment as a reimbursement. If the claim is that the payment represents reimbursement of expenses, the taxpayer must disclose what those expenses...
Madras High Court Says 2003 MoU Did Not Permit Additional Beardsell Companies To Use Corporate Name
The Madras High Court has upheld a permanent injunction restraining two companies incorporated as sister concerns of Beardsell Eastern Pvt Ltd from using the corporate name "Beardsell". The court held that a 2003 Memorandum of Understanding (MoU) permitted the establishment of only "a new company" and did not authorise the incorporation of additional entities using the name. A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi dismissed an intra-court appeal filed...
Madras High Court Grants ITC Interim Injunction Over Alleged Infringement Of Classmate Trademark
The Madras High Court has granted an interim injunction in favour of ITC Limited. The injunction restrains traders from manufacturing, selling, marketing or otherwise dealing in products bearing the mark "CLASSMAN" or any mark alleged to be identical or deceptively similar to ITC's registered trademark "CLASSMATE", pending disposal of the suit.Justice N. Senthilkumar passed the order on May 13 in seven applications filed by ITC. The applications sought reliefs relating to trademark infringement,...
Madras High Court Issues Notice On Plea To Stop Telugu Dub Release of Mohanlal's Drishyam 3
Film production company Rajkumar Theatre Pvt. Ltd. has approached the Madras High Court seeking to restrain the producers and director of Malayalam movie “Drishyam 3."When the case came up before the vacation court, Justice V Lakshminarayanan admitted the plea and issued notice to the defendants. Notices have been issued to Aashirvad Cinemas (producer of the movie), director Jeethu Joseph and Panorama Studio, which has acquired the worldwide theatrical and digital rights of the movie. The...
Madras High Court Refuses To Reject Seven Arts' Copyright Suit In Hera Pheri Remake Rights Dispute
The Madras High Court has dismissed filmmaker Firoz Nadiadwala's plea seeking rejection of a copyright infringement suit filed by Seven Arts International Limited. The suit concerns alleged remake rights to the Malayalam films Ramji Rao Speaking and Mannar Mathai Speaking, which Seven Arts claims form the basis of the Bollywood Hera Pheri franchise. Justice Senthilkumar Ramamoorthy passed the order on April 24. Seven Arts claimed in the suit that it acquired remake rights to both films through...
Madras High Court Restrains MRF's Former Dealer, Another Delhi Entity From Using Its Trademark
The Madras High Court has granted temporary relief to MRF restraining two Delhi-based entities from using its trademarks in relation to their business after MRF alleged that one of them continued displaying the marks at trade exhibitions despite a written undertaking not to do so. Justice Senthilkumar Ramamoorthy passed the order on April 29 in a suit filed by MRF seeking relief for alleged trademark infringement, copyright infringement, and passing off against Conveyo Belt Centre and Shri Ram...
Madras High Court Says No Cheque Bounce Prosecution If Underlying Arbitral Award Was Challenged
The Madras High Court has recently quashed cheque bounce proceedings against a builder after finding that he had challenged the arbitral award cited as the basis of the alleged liability before the cheque was allegedly issued. Justice G.K. Ilanthiraiyan said, “Even before the date of issuance of the cheque i.e. 15.07.2019, the accused challenged the very arbitration award before this Court as early as on 11.02.2019 in Arb.OP.Nos.381 and 382 of 2019. Therefore, the accused would not have issued...
Private Arbitration Cannot Override Statutory Labour Adjudication: Madras High Court
The Madras High Court has recently held that statutory labour adjudication cannot be displaced by private contractual arbitration where statutory worker rights are involved.A Division Bench of Justice P Velmurugan and Justice K Govindarajan Thilakavadi observed, “While the Arbitration and Conciliation Act, 1996 governs voluntary arbitration, the Industrial Disputes Act, 1947 is a specialized social legislation designed to protect workers, and its mandatory procedures cannot be over ridden by...