Delhi High Court Weekly Round-Up: July 24 - July 30

Citations 2023 LiveLaw (Del) 619 to 2023 LiveLaw (Del) 640NOMINAL INDEXICICI BANK LIMITED v. THE DEPUTY GENERAL MANAGER & ORS. 2023 LiveLaw (Del) 619PAYPAL PAYMENTS PRIVATE LIMITED v. FINANCIAL INTELLIGENCE UNIT INDIA & ANR. 2023 LiveLaw (Del) 620Ambience Developers and Infrastructure Pvt Ltd vs Zesty Foods 2023 LiveLaw (Del) 621SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENT 2023 LiveLaw (Del) 622COTY GERMANY GMBH vs XERYUS RETAIL PRIVATE LIMITED & ANR 2023 LiveLaw (Del) 623DELHI WAQF BOARD v. UNION OF INDIA, MINISTRY OF RAILWAYS & ANR. 2023 LiveLaw (Del) 624Satluj Vidyut Nigam Ltd v. Iaiprakash Hyundai Consortium 2023 LiveLaw (Del) 625FSMA INDIA CHARITABLE TRUST v. UNION OF INDIA AND ANR. 2023 LiveLaw (Del) 626ST STEPHENS COLLEGE v. UNIVERSITY OF DELHI AND ANR 2023 LiveLaw (Del) 627SECRETARY, FOOD AND BEVERAGE FOUNDATION SOCIETY REGD. v. DIRECTORATE OF EDUCATION, GOVT. OF NCT OF DELHI 2023 LiveLaw (Del) 628KUSH KALRA v. UNION OF INDIA AND ORS. 2023 LiveLaw (Del) 629NJ v. AJ 2023 LiveLaw (Del) 630Commissioner, Kendriya Vidyalaya Sangathan & Anr. versus Vijay Rajpal & Ors. 2023 LiveLaw (Del) 631SHAHEEN MALIK v. STATE OF GNCTD THROUGH PRINCIPAL SECRETARY & ORS 2023 LiveLaw (Del) 632TTK Prestige Ltd. vs Gupta Light House 2023 LiveLaw (Del) 633NISHANT SINGH v. UNION OF INDIA AND ANR. 2023 LiveLaw (Del) 634VIJAY DARDA v. CENTRAL BUREAU OF INVESTIGATION 2023 LiveLaw (Del) 635SYNGENTA LIMITED v. CONTROLLER OF PATENTS AND DESIGNS 2023 LiveLaw (Del) 636RE: TO CONSIDER SUO MOTU CONTEMPT OF COURT v. PROCEEDINGS AGAINST THE TIS HAZARI COURT LAWYERS 2023 LiveLaw (Del) 637ARG Outlier Media Private Limited vs HT Media Limited 2023 LiveLaw (Del) 638Vineet Saraf v Rural Electrification Corporation Ltd. 2023 LiveLaw (Del) 639Vinod Keni & Ors. vs Technology Development Board 2023 LiveLaw (Del) 640Proceedings Under SARFAESI Act 2002 Are To Remain Unaffected By Orders Passed Under SEBI Act 1992: Delhi High CourtTitle: ICICI BANK LIMITED v. THE DEPUTY GENERAL MANAGER & ORS.Citation: 2023 LiveLaw (Del) 619The Delhi High Court has observed that the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 will remain unaffected by the orders passed under SEBI Act, 1992.“….an interpretation of Section 35 and Section 37 of the SARFAESI Act, 2002 would reveal that the proceedings under the SARFAESI Act, 2002 are to be treated as a carve out to, and remain unaffected by, the orders passed under the SEBI Act, 1992,” Justice Purushaindra Kumar Kaurav observed.PayPal Liable To Be Viewed As ‘Payment System Operator’, Required To Comply With Reporting Entity Obligations Under PMLA: Delhi High CourtTitle: PAYPAL PAYMENTS PRIVATE LIMITED v. FINANCIAL INTELLIGENCE UNIT INDIA & ANR.Citation: 2023 LiveLaw (Del) 620The Delhi High Court has held that payment platform PayPal is liable to be viewed as a “payment system operator” and consequently obliged to comply with reporting entity obligations as placed under the Prevention of Money Laundering Act, 2002.Justice Yashwant Varma made the observation while quashing the monetary penalty imposed by Financial Intelligence Unit India on PayPal in December 2020 for having failed to comply with the reporting obligations as placed under the Prevention of Money Laundering (Maintenance of Records) Rules 2005.The FIUI had held PayPal to be a reporting entity under the PMLA. However, it was the case of the payment platform that it was not a "payment system operator” as defined under PMLA and that it would be erroneous for FIUI to hold it to be a reporting entity.Arbitration: Review Of Section 11 Petition Order Can’t Be Sought On Subsequent Decision Of Supreme Court In N.N. Global: Delhi High CourtCase Title: Ambience Developers and Infrastructure Pvt Ltd vs Zesty FoodsCitation: 2023 LiveLaw (Del) 621The Delhi High Court has ruled that a review of the court’s order allowing the petition under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), cannot be sought on the basis of the subsequent decision of the Supreme Court in N.N. Global Mercantile (P) Ltd. vs Indo Unique Flame Ltd., 2023 SCC OnLine SC 495.The respondent, Zesty Foods, sough a review of the High Court’s order dated 20.03.2023 where it had appointed a Sole Arbitrator, on the ground that the agreement executed between the parties containing the arbitration clause was not duly/sufficiently stamped. It thus sought a review on the basis of the subsequent decision of the Apex Court in N.N. Global Mercantile (2023).Liquor Policy Case: Delhi High Court Extends Interim Bail Granted To Businessman Sameer Mahendru By Six WeeksTitle: SAMEER MAHANDRU v. DIRECTORATE OF ENFORCEMENTCitation: 2023 LiveLaw (Del) 622The Delhi High Court has extended by six weeks the interim bail granted to businessman Sameer Mahendru on medical grounds in the money laundering case related to the implementation of previous liquor policy in national capital.Justice Dinesh Kumar Sharma extended the relief...

Delhi High Court Weekly Round-Up: July 24 - July 30

Nupur Thapliyal

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