Delhi High Court

Not Responding To System-Generated Email On Patent Objections Cannot Be Construed As Abandonment: Delhi High Court
The Delhi High Court has set aside the Patent Office's decision to abandon a Tetra Technologies patent application for failing to respond to objections raised in an examination report. The court ruled that the application could not be treated as abandoned solely because the company failed to respond to a system-generated email notifying it of the First Examination Report, without proof that the email was delivered.“Such an intimation, without more, cannot be the sole basis for visiting the...

Delhi High Court Quashes SFIO Probe Into Educomp Solutions
The Delhi High Court has recently quashed the Central Government's order directing a Serious Fraud Investigation Office (SFIO) probe into Educomp Solutions Limited, an education technology company, holding that the order did not explain why the company's affairs warranted such an investigation under the Companies Act, 2013. Justice Amit Mahajan allowed petitions filed by former Educomp independent director Vinod Kumar Dandona, directors and shareholders Jagdish Prakash and Shantanu Prakash,...

Trademark Suit Over Influencer's Critical Social Media Posts Not Maintainable Before IP Division: Delhi High Court
The Delhi High Court has ruled that a social media influencer's use of a company's trade mark or trade name merely to refer to it in critical posts does not amount to use “in the course of trade” under Section 29 of the Trade Marks Act, 1999.Justice A.J. Bhambhani held that Niva Bupa Health Insurance Company Limited's suit against influencer Vishal Rattewal was not maintainable before the court's Intellectual Property Division, as it did not concern infringement of any intellectual property...

Delhi High Court Temporarily Restraints RK Cables From Using Packaging Similar To V-Guard Wires
The Delhi High Court has temporarily restrained the manufacturer and sellers of electrical wires sold under the brand RK Cables from using packaging that allegedly imitates V-Guard Industries Limited's black-and-yellow trade dress. The court has also directed online marketplaces IndiaMART and TradeIndia to remove specified listings of the products.Justice Vikas Mahajan passed the order on October 13, 2026.V-Guard sued R.K. Industries, which makes the RK Cables wires, along with four sellers and...

Delhi High Court Cancels 'The Brew Bukhara' Trademark On ITC's Plea
The Delhi High Court has recently cancelled the registration of “THE BREW BUKHARA”, a device mark registered by Gurugram resident Umesh Arora. The cancellation followed a challenge by ITC Limited and ITC Hotels Limited, which claimed that the mark was deceptively similar to their “BUKHARA” trademark. Justice Purushaindra Kumar Kaurav noted that Arora did not file a reply despite being served. His trademark agent, Balaji IP Practice, informed the court by email that use of the mark had been...

Delhi High Court Dismisses Retired DRT Presiding Officer's Review Plea Against Suspension
The Delhi High Court has dismissed a retired judicial officer's review petition challenging its earlier judgment rejecting his plea against suspension and disciplinary proceedings as Presiding Officer of the Debts Recovery Tribunal-II (DRT), Chandigarh. A bench of Justice Vivek Chaudhary and Justice Tejas Karia held that M.M. Dhonchak had failed to establish any error apparent on the face of the record warranting review. Dhonchak was suspended in February 2024 following complaints by the DRT...

Delhi High Court Refers Football Clubs' DSA Membership And Electoral Rights Disputes To Arbitrator
The Delhi High Court has referred disputes involving six football clubs over disciplinary action affecting their membership and electoral rights in the Delhi Soccer Association to a previously appointed sole arbitrator.Justice Om Prakash Shukla has asked the arbitrator to consider their requests for interim relief expeditiously, ahead of the association's elections on October 18, 2026.The court observed, “Considering that the elections are scheduled for 18.10.2026, the learned Arbitrator is...

ED Must First Prove FERA Violation Before Shifting Burden Of Proof To Accused: Delhi High Court
The Delhi High Court has ruled that the Enforcement Directorate must first establish that a person committed an act requiring permission under the Foreign Exchange Regulation Act (FERA) before the burden shifts to that person to prove they had the requisite permission.A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja held that the Department had failed to prove that Laxman T. Advani had dealt in foreign currency. The court dismissed the Union government's appeal against the...

Reproducing Substantial Portions Of Award While Deciding Challenge Not Non-Application Of Mind: Delhi High Court
The Delhi High Court has ruled that a judge's reproduction of substantial portions of an arbitral award while deciding a challenge to it does not, by itself, establish non-application of mind, provided the judge meaningfully examines the objections raised.“The distinction lies not in the extent of textual reproduction, but in the existence or absence of judicial engagement with the controversy. Consequently, the mere circumstance that substantial portions of an arbitral award have been...

Arbitration Act Interim Relief Unavailable In Electricity Disputes When Commission Can Grant Similar Relief: Delhi High Court
The Delhi High Court has recently held that it cannot entertain a plea seeking interim relief in an electricity dispute when the State Electricity Regulatory Commission is empowered to grant similar relief under the Electricity Act, 2003. Justice Tushar Rao Gedela dismissed a petition filed by Enerica Infra 3 Private Limited seeking to restrain NTPC Vidyut Vyapar Nigam Limited and Uttar Pradesh Power Transmission Corporation Limited from encashing bank guarantees worth ₹52.20 crore. “It is...

Delhi High Court Denies SpiceJet More Time To Deposit ₹144.51 Crore Interest In Dispute With Kalanithi Maran
The Delhi High Court has recently refused to grant SpiceJet Limited more time until December 2026 to deposit ₹144.51 crore towards outstanding interest under an arbitral award in its dispute with Kalanithi Maran and Kal Airways,The Court rejected the airline's request to furnish title documents of its Gurugram property as security instead.Justice Vinod Kumar dismissed SpiceJet's application, observing that although the Gurugram property was now unencumbered, the airline's failure to deposit the...

Delhi High Court Says Incomplete Address Cannot Prove Award Service, Rejects GAIL's Limitation Plea
The Delhi High Court on 14 October dismissed GAIL Gas Limited's petition challenging a trial court order that held Saraswati Concast Pvt. Ltd.'s objections to an arbitral award were within time, finding that postal delivery to a locality without the company's complete address did not establish service of the award. Justice Ajay Digpaul held that the postal receipt's omission of the premises number from Saraswati Concast's registered-office address prevented the presumption of service from...
