Commercial Court Archives

Power to transfer ordinary suit to Commercial Court is not available to District and Sessions Judge u/s 24 of CPC: Delhi High Court

“Where the plaint is returned under Order VII Rule 10 of the Civil Procedure Code, 1908, on its presentation before the appropriate Court of jurisdiction, the suit will be treated as a fresh suit, and will have to start de novo, and all proceedings before the earlier Court will be rendered a nullity.”

Case Briefs High Courts

Delhi High Court allows appeal by Patanjali Ayurved against Meta Platforms Inc in a trademark suit; Directs Trial Court to decide matter afresh

The grievance of Patanjali Ayurved is that a video has been uploaded by respondent on the internet platforms owned by Meta Inc. having an advertisement of mens undergarments, wherein Patanjali’s trademark along with pictures of its brand ambassadors and directors are shown used unauthorizedly.

Case Briefs High Courts

Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards

“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.

Case Briefs High Courts

Allahabad High Court reiterates law on interdicting unconditional bank guarantee; Sets aside interim injunction order passed by Commercial Court

Fraud, as an exception to the rule of non-interference with encashment of bank guarantees, is not any fraud, but a fraud of an egregious nature, going to the root i.e., to the foundation of the bank guarantee and an established fraud. The entire case of the respondent fails to qualify for this.

Case Briefs High Courts

Uttaranchal High Court | Commercial Court cannot modify arbitral award in absence of manifest and patent error/illegality

Uttaranchal High Court: The Division Bench of Sanjaya Kumar Mishra and Ramesh Chandra Khulbe, JJ. allowed appeals filed by the

Case Briefs Supreme Court

Explained| Commercial Court’s power while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996

Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has explained the scope of powers of a Commercial Court while

Case Briefs High Courts

Rajasthan High Court | No award can be remitted to the arbitrator where there are no findings in the contentious issues of the award

Rajasthan High Court: Ashok Kumar Gaur, J. found that the writ petition by the petitioner lacks merit and dismissed it

Case Briefs High Courts

Photograph of summons sent through WhatsApp as an addition to ordinary process would amount to Judicial Overreach? Del HC decides

Delhi High Court: Amit Bansal, J., expressed that Just because the photograph of the summons were sent by the plaintiff to the

Case Briefs High Courts

Scope of interference by HC under Art. 227 of Constitution of India: Can an interlocutory order of a Commercial Court be challenged in High Court? Del HC explains

Delhi High Court: Amit Bansal, J., decided under whether the High Court under Article 227 of the Constitution of India can interfere

Case Briefs Supreme Court

SC resolves quandary over interplay of S. 9 and S. 17 of Arbitration Act, answers whether court can entertain application for interim measures after arbitral tribunal has been constituted

Supreme Court: A Division Bench comprising of Indira Banerjee and J.K. Maheshwari, JJ. held that once an Arbitral Tribunal is constituted, the