Arbitrator Cannot Disregard Interest Clause In Invoices While Enforcing Arbitration Clause Contained In Them: Delhi High Court

The Delhi High Court has held that once invoices are accepted as binding contractual documents, an arbitral tribunal cannot selectively enforce some clauses while ignoring other clauses contained in the same invoices. Allowing the appeal under section 37 of the Arbitration and Conciliation Act (Arbitration Act), Justice Chandrasekharan Sudha set aside an arbitral award on the ground that the arbitral tribunal had erred in refusing to grant contractual claim for interest. The appellant...

Cheque Dishonour Prosecution Barred When Accounts Are Blocked By Insolvency Law: Delhi High Court

The Delhi High Court has quashed three criminal cases linked to cheque dishonour, reiterating that cheques returned with the remark “account blocked” due to insolvency proceedings cannot lead to criminal prosecution.A single bench of Justice Neena Bansal Krishna passed the order while allowing petitions filed by Farhad Suri and Dhiren Navlakha, directors of Sumeru Processors Pvt. Ltd. The court said the section 138 of the Negotiable Instruments Act pertaining to cheque dishonor apply only when a...

Arbitrator Can't Rewrite Contract By Linking Repayment To Commercial Success Contrary To TDA Terms: Delhi High Court

The Delhi High Court has set aside an arbitral award, holding that the arbitrator travelled beyond the contractual terms by making repayment of financial assistance contingent upon commercial success of the project contrary to the express stipulations of the Technology Development Assistance Agreement (TDA). Justice Jasmeet Singh held that “No doubt the Arbitrator has the power to interpret the terms and conditions of the contract, but, the Arbitrator being the creature of the contract,...

Delhi High Court Removes 'DECA-NEUROPHEN' Trademark From Register Over Similarity With Reckitt's 'NUROFEN'

The Delhi High Court has ordered the removal of the trademark “DECA-NEUROPHEN” from the Trade Marks Register, holding that the name is similar to “NUROFEN”, a well-known pain-relief brand, and could confuse consumers. Justice Tejas Karia passed the order on December 24, 2025. The court allowed an appeal filed by Reckitt and Colman Overseas Health Limited and set aside an earlier decision of the Trade Marks Registry that had permitted registration of the mark in favour of Ind Swift Limited. The...

[Arbitration Act] S.37(1)(c) Applies To Entire S.34; Dismissal On Limitation Or Technical Grounds Is Appealable: Delhi High Court

The Delhi High Court recently observed that the application of Section 37(1)(c) of the A&C Act is not limited to any specific sub-section, and applies to the entire Section 34 of the A&C Act. The Court, while clarifying the law laid down in Chintels India Ltd. v. Bhayana Builders Pvt. Ltd., [2021 INSC 76], observed that a dismissal of a Section 34 application on the grounds of limitation can be challenged u/s 37(1)(c) of the A&C Act. The division bench of Justice Navin...

Delhi High Court Indirect Tax: Annual Digest 2025

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HCCase title: Chegg India Pvt Ltd v. UoI & Ors.Case no.: W.P.(C) 1062/2024The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017 would not render the appeal time-barred, if it was filed online within prescribed time. A division bench of...

Delhi High Court Slaps ₹1 Lakh Costs On Securities Brokerage That Undertook Trades Without Client Mandate

The Delhi High Court recently pulled up a stock brokerage firm for indulging in unauthorised trading and “sharp practices” aimed at earning commission income at the cost of investors. It also imposed a costs of Rs 1 lakh for prolonged harassment of its client. Dismissing an appeal by Trustline Securities Limited, the court held that trades executed without client instructions and without mandatory margin money were illegal and showed “scant regard” for the regulatory framework meant to protect...

Delhi High Court Mandates E-KYC For Domain Registrations To Curb Online Frauds

To curb online scams run through fake websites impersonating popular brands, the Delhi High Court has ordered mandatory e-KYC for domain name registrations and restricted automatic privacy masking of registrant details. It has also directed banks to strengthen payment verification safeguards to protect unsuspecting consumers from being duped.The directions were issued in a batch of commercial suits where several trademark owners complained that unknown persons were registering deceptive domain...

Delhi High Court Upholds Arbitral Referral Of Trademark & Passing Off Dispute Involving "Pind Balluchi" Restaurant

The Delhi High Court Bench of Justices Om Prakash Shukla and C. Hari Shankar have allowed the Section 8, Arbitration and Conciliation (“ACA”) application seeking referral for arbitration between M/s Triom Hospitality (“Triom”) and M/s J.S. Hospitality Services Pvt. Ltd. (“J.S.”) regarding the registered trademark of the famous “Pind Balluchi” restaurants. Facts The Appellant i.e. Triom filed the present petition under Section 37, ACA challenging the order dated 28.08.2024 passed by...

RERA Relief Does Not Bar Arbitration Protection: Delhi High Court Sets Aside Commercial Court's Order

The Delhi High Court has recently ruled that homebuyers and investors are not barred from seeking interim relief under Section 9 of the Arbitration and Conciliation Act of 1996, solely on the ground that they had already previously approached the Real Estate Regulatory Authority (RERA). A Division Bench of Justice Prathiba M. Singh and Justice Shail Jain on 24th December, 2025 noting that remedies under the RERA Act and the Arbitration Act are contemporaneous and not mutually exclusive,...

Delhi High Court Direct Tax: Annual Digest 2025

Co-Accused Can Apply Separately For Compounding Of Offences Committed By Company Or HUF Under Income Tax Act: Delhi High CourtCase title: Sumit Bharana v. UoICase no.: W.P.(C) 16701/2024The Delhi High Court has held that co-accused are entitled to apply separately for compounding of offences committed by a Company or a Hindu Undivided Family under the Income Tax Act, 1961.A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela ruled that the co-accused need not await...

Customs | ELISA Kits For Food Testing Qualify As 'Diagnostic' For Exemption: Delhi High Court Grants Interim Relief To Importer

The Delhi High Court, in a matter involving claim of Customs Duty exemption on import of Enzyme linked Immuno Absorbent Assay (ELISA) Kits for antibiotic testing in food as 'diagnostic kits' will hear the plea by food safety importers in January 2026. Recently, a Division Bench comprising, Justice Prathiba M. Singh and Justice Shail Jain were hearing an appeal by the importer against denial of the exemption by Delhi, Customs, Excise and Service Tax Appellate Tribunal (CESTAT). The Delhi...