“INJUSTICE ANYWHERE IS A THREAT TO JUSTICE EVERYWHERE.”
ALTERNATIVE DISPUTE RESOLUTION
Dr S J Rajalakshmi & Dr S Sobha v. The Manager Customer Services Air India Limited & Ors
Karnataka High Court directs Air India to pay compensation to physically challenged passenger
The Karnataka High Court directed Air India to pay compensation of ₹20 lakh to a physically challenged doctor and her mother for the inconvenience and mental agony caused due to a missing wheelchair during their Europe tour.
The Court observed that Air India’s conduct violated the fundamental rights of the petitioners as well as provisions of the Persons with Disabilities Act.
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Kapilaben & Ors v. Ashok Kumar Jayantilal Sheth through POA Gopalbhai Madhusudan Patel & Ors
Assignment of contractual interest not automatically valid merely because contract does not prohibit it – Supreme Court
The Supreme Court held that assignment of contractual interest cannot be presumed valid merely because the agreement does not expressly prohibit assignment.
The Court observed that intention of the parties, terms of the contract and surrounding circumstances must be examined to determine whether rights under a contract are assignable.
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Hindustan Construction Company Limited & Anr v. Union of India & Ors
Supreme Court strikes down Section 87 of Arbitration and Conciliation Act as manifestly arbitrary
The Supreme Court struck down Section 87 of the Arbitration and Conciliation Act inserted through the 2019 Amendment Act.
The Court held the provision to be manifestly arbitrary as it attempted to nullify the effect of the earlier judgment in BCCI v. Kochi Cricket Pvt Ltd regarding applicability of Section 36 amendments.
The Bench reiterated that mere filing of an appeal against an arbitral award does not automatically stay enforcement proceedings unless specific orders are passed.
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S Satyanarayana & Co v. West Quay Multiport Private Limited
Arbitration agreement not exempt from stamp duty even if contract executed outside Maharashtra – Bombay High Court
The Bombay High Court held that stamp duty under the Maharashtra Stamp Act would apply where arbitration proceedings are conducted in Maharashtra, even if the contract and work were executed outside the State.
The Court clarified applicability of stamp duty to arbitration agreements connected with disputes seated within Maharashtra.
The Judgement can be accessed at:
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Perkins Eastman Architects DPC & Anr v. HSCC (India) Ltd
Person interested in dispute outcome cannot appoint sole arbitrator – Supreme Court
The Supreme Court reiterated that a person having an interest in the outcome of a dispute cannot be vested with authority to appoint a sole arbitrator.
The Court observed that such unilateral appointment mechanisms violate principles of impartiality and independence in arbitration proceedings.
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CORPORATE
Oriental Bank of Commerce v. Sikka Papers Ltd & Ors
NCLT directs Ministry of Corporate Affairs to be impleaded in all IBC and company matters
The National Company Law Tribunal directed that the Ministry of Corporate Affairs be made a party in all Insolvency and Bankruptcy Code matters and company petitions before NCLT benches across India.
The Tribunal observed that inclusion of the Ministry would facilitate access to authentic records for proper adjudication of disputes.
The Order can be accessed at:
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Asset Reconstruction Company (I) Limited (ARCIL) v. Mr Koteswara Rao Karuchola & others
Creditor facing money laundering investigation cannot be part of Committee of Creditors – NCLAT
The National Company Law Appellate Tribunal held that a creditor facing proceedings under anti-money laundering laws cannot continue as a member of the Committee of Creditors in insolvency proceedings.
The Tribunal emphasized the need to maintain integrity and transparency in the corporate insolvency resolution process.
The Judgement can be accessed at:
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Parsoli Motors Works Pvt Ltd v. BMW India Private Limited & Ors
Non-renewal of dealership agreement does not amount to abuse of dominant position – NCLAT
The National Company Law Appellate Tribunal held that refusal to renew a dealership agreement after expiry does not by itself constitute abuse of dominant position under the Competition Act.
The Tribunal clarified that expiry and non-renewal of contractual arrangements must be examined based on competition law principles and surrounding circumstances.
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Sesh Nath Singh & Akhsar Kumar Singh v. Baidyabati Sheoraphuli Cooperative Bank Ltd & Animesh Mukhopadhyay
Time spent in SARFAESI proceedings excluded while computing limitation under IBC – NCLAT
The National Company Law Appellate Tribunal held that time spent pursuing remedies under the SARFAESI Act can be excluded while calculating limitation for filing insolvency proceedings under Section 7 of the IBC.
The Tribunal recognized continuation of proceedings for the same relief under different statutory mechanisms.
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COMPETITION
Competition Commission of India (General) Amendment Regulations, 2019
CCI amends confidentiality provisions under General Regulations
The Competition Commission of India notified amendments to the Competition Commission of India (General) Regulations, 2009.
The amended regulations permit disclosure of identity of informants, even where confidentiality has been requested, after granting an opportunity of hearing where disclosure is considered necessary.
The Gazette Notification can be accessed at:
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CCI investigation into bearings price cartel
CCI probe finds alleged collusion among bearing manufacturers on pricing
An investigation by the Competition Commission of India reportedly found that several bearing manufacturers engaged in anti-competitive practices by sharing strategic pricing information.
The investigation involved allegations of cartelization and coordinated price increases affecting the automobile sector.
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INFORMATION TECHNOLOGY
Make My Trip (India) Private Limited v. Make My Travel (India) Private Limited
Delhi High Court restrains use of deceptively similar “MakeMyTravel” mark
The Delhi High Court restrained the defendant from using the trade name “MakeMyTravel” and related marks which were found deceptively similar to the plaintiff’s “MakeMyTrip” trademarks.
The Court observed that the defendant’s adoption of the impugned marks appeared dishonest and likely to cause confusion among consumers.
The Bench further clarified that acquiescence requires positive conduct and cannot be inferred merely from silence or delay.
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K N Govindacharya v. Union of India & Ors
Supreme Court declines to entertain plea regarding WhatsApp spyware controversy
The Supreme Court declined to entertain a petition seeking investigation and perjury action against WhatsApp in relation to the Pegasus spyware controversy.
The petition alleged breach of WhatsApp’s claims regarding end-to-end encryption and sought investigation into alleged surveillance activities.
The Court permitted withdrawal of the petition with liberty to file an amended petition.
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