Delhi High Court Restrains UP Company From Infringing Ching's 'Schezwan Chutney' Mark

In a relief for popular Desi Chinese brand Ching's Secret, the Delhi High Court on Monday restrained a UP-based food manufacturing company from using the name 'Schezwan Tufani Chutney' or any expression deceptively similar to 'Schezwan Chutney', a registered trademark of Capital Foods Pvt. Ltd.A single bench of Justice Manmeet Pritam Singh Arora granted an ad-interim injunction, noting that the UP-based company- Damyaa Foods' use of “Schezwan Tufani Chutney” on packaging and online listings was...

Delhi High Court Refuses Quantum Hi-Tech Injunction Against LG Over 'Quantum' Trademark

The Delhi High Court has refused to grant interim relief to Quantum Hi-Tech Merchandising Pvt. Ltd. in its trademark dispute with LG Electronics India, ruling that the company's attempt to restrain LG's use of the “Quantum” mark was undermined by its failure to disclose material informationA Division Bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla upheld a 2021 Commercial Court order that had lifted an earlier injunction obtained by Quantum Hi-Tech. The Court noted that...

Delhi High Court Upholds Order Protecting 'BIMA SUGAM' Mark, Orders Transfer of Disputed Domains to Federation

The Delhi High Court in an interim order upheld its earlier direction restraining a insurance agent from using the mark “BIMA SUGAM”, a name associated with India's upcoming unified digital insurance marketplace, or any deceptively similar name, including related domain names. The court also directed that the disputed domains be transferred to the Bima Sugam India Federation, holding that their registration by the individual was made in bad faith and amounted to cybersquatting. A single...

Delhi High Court Upholds Interim Ban on Use of 'Sachamoti' Brand Amid Family Dispute

The Delhi High Court recently (October 13) upheld an interim order restraining Sabu Trade Pvt. Ltd. (STPL) and certain family members, who are also directors of the company, from using the “Sachamoti” mark, a well-known brand of sabudana (sago) products. e members of Sabu family affirming a March 2024 Single Judge order that prohibited them from using the brand and label. The Court recognized the prima facie right of Rajkumar Sabu, the registered owner of the mark and a former director of STPL,...

VC Rules No Shelter For PMLA Accused To Evade Physical Appearance In ED Probe: Delhi High Court

The Delhi High Court on Tuesday ruled that the videoconferencing rules do not operate as a shelter for a money laundering accused to evade physical and mandatory appearance in investigation by the Enforcement Directorate (ED). Justice Neena Bansal Krishna observed that VC facility is a measure to facilitate evidence recording, not to protect an absconding accused from facing mandatory investigation.Observing that VC was introduced to facilitate the progress of trial and to cause minimum...

Provisional Attachment Order Can't Be Challenged In Writ Jurisdiction When Alternative Remedy Under PMLA Exists: Delhi High Court

The Delhi High Court has observed that the provisional attachment order (PAO) cannot be challenged in the writ jurisdiction when an alternative remedy is available under the Prevention of Money Laundering Act, 2002.Justice Sachin Datta rejected a batch of petitions filed by Ms Krrish Realtech Pvt Ltd and its affiliates, including director Amit Katyal, challenging the Enforcement Directorate's (ED) PAOs. It was the petitioners' case is that they had initially approached the Supreme Court...

Profits Earned On Bribe After Investment In Share Market Also Part Of Proceeds Of Crime, Can Be Attached Under PMLA: Delhi High Court

The Delhi High Court on Monday ruled that the profits earned on bribe money after investment in share market amounts to proceeds of crime and is liable to be attached under the PMLA. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the appreciation in value does not cleanse or purify the “tainted origin,” since the augmented value is inextricably and indirectly derived from the original illicit source of bribe.“…if a public servant receives a...

Delhi High Court Refuses Relief to Cotton Bud Maker Against Perfume Brand Over 'TULIP' Trademark

The Delhi High Court has dismissed a plea filed by Suparshva Swabs India, the manufacturer of Tulips cotton buds and hygiene products, which sought to restrain a perfume company from using the mark “AGN TULIP.” A Division Bench of Justice Om Prakash Shukla and Justice C Hari Shankar upheld a 2023 order of the Commercial Court that had refused to grant an interim injunction to Suparshva Swabs. The High Court ruled that since both Suparshva Swabs and AGN International are registered proprietors...

Order Passed By Emergency Arbitrator Under DIAC Rules 2023 Can Only Remain In Operation For 90 Days: Delhi High Court

The Delhi High Court, while hearing an appeal u/s 37 of the A&C Act filed against the the Award dated 11.12.2024 (“Impugned Award”) passed by the Emergency Arbitrator under the Delhi International Arbitration Center (Arbitration Proceedings) Rules, 2023 (“Rules of 2023”) observed that the terms 'Emergency Arbitrator' and 'Arbitral Tribunal' are not interchangeable. Rule 14.11 of the Rules of 2023 bars the Emergency Arbitrator from being a part of the Arbitral Tribunal, except...

Delhi High Court Upholds Liability Of Company To Reimburse Official Liquidator's Security Expenses For Safeguarding Corporate Assets

A division bench of the Delhi High Court, comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar, has upheld the liability of a company to reimburse the official liquidator's security expenses for safeguarding corporate assets. Background of the Case The winding-up process of the appellant company (M/s Connoisseur Buildtech Pvt. Ltd.) was going on in the year 2016. A disputed plot of the company was there in Greater Noida, which was secured by the official...

Balco Disinvestment: Delhi High Court Upholds Arbitral Award Voiding Centre & Vedanta Shareholder's Pact

After over a decade of legal tussle, the Delhi High Court recently upheld an arbitral award declaring the Shareholders' Agreement (SHA) between Vedanta Limited (then Sterlite Industries) and the Union of India void, which had given Vedanta the exclusive right to buy the government's remaining 49% stake in Bharat Aluminium Company Limited (BALCO) after a three-year lock-in period. The court agreed with the arbitral tribunal that the agreement's clauses restricting the sale of shares violated...

Award Passed After Expiry Of Arbitrator's Mandate Is Non-Est, Court Can't Extend Mandate Post-Award: Delhi High Court

The Delhi High Court held that an award passed after expiry of the arbitrator's mandate is non-est and unforceable holding that the court has no power to extend the mandate post award if no application seeking extension of the mandate was pending before the award was passed. A Division bench of Justice V. Kameswar Rao and Justice Vinod Kumar held that the award becomes operational only when it is written,dated and signed by the arbitrator giving reasons on which it is based and the...