NCLT Reaffirms SWAMIH Fund's Power To Shield Real Estate Projects; Dismisses Insolvency Plea Against Developer

The National Company Law Tribunal (NCLT), Allahabad Bench of Sri Praveen Gupta (Member, Judicial) and Sri Ashish Verma (Member, Technical) has dismissed a Section 7 insolvency application filed by M/s Nivedan Fin Invest Lease Limited (Financial Creditor) against real estate developer M/s Cosmos Infraestate Private Limited (Corporate Debtor).Beyond ruling that a short-term business investment with a guaranteed profit does not constitute a "financial debt," the judgment sets a major legal...

Food Safety Appellate Tribunal Cannot Entertain Appeals Against CEO, FSSAI Orders Under Import Regulations: Delhi FSAT

The Food Safety Appellate Tribunal (FSAT), New Delhi has held that it does not have jurisdiction to entertain an appeal against an order passed by the CEO, Food Safety and Standards Authority of India (FSSAI) under the Food Safety and Standards (Import) Regulations, 2017, as such an order does not fall within the ambit of adjudication conducted under Section 68 of the Food Safety and Standards Act, 2006.An appeal was filed by “M/s. Maggu Multiventures Pvt. Ltd. , challenging Order No. 63/2025...

Karnataka HC Stays FSSAI Advisory, AYUSH Directive Restricting Use Of Ashwagandha Leaves

The Karnataka High Court bench of Justice S.R. Krishna Kumar has granted interim relief to petitioners engaged in the manufacture of Ashwagandha-based products by staying an advisory issued by the Food Safety and Standards Authority of India (FSSAI) and a directive issued by the AYUSH Ministry restricting the use of Ashwagandha leaves in health supplements.The Petitions were filed by companies engaged in manufacturing products containing Ashwagandha (Withania Somnifera), a botanical ingredient...

Supreme Court Refuses To Interfere With Delhi HC Order In 'MARC' Vs 'MARQ By Flipkart' Trademark Dispute; Grants 8 Weeks To Exhaust Inventory

The Supreme Court has refused to interfere with the Delhi High Court's order restraining Flipkart from using the marks “MARQ” and “MARQ by Flipkart” in a trademark dispute initiated by Marc Enterprises Pvt. Ltd. The Court, however, permitted Flipkart to exhaust its existing inventory bearing the impugned marks within eight weeks and directed it to file a compliance report before the Trial Court.A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing Special Leave...

Bombay HC Grants Passing Off Relief In 'OCTRIDE' vs 'OTIDE' Pharma Trademark Dispute Despite Bar On Infringement Claim

The Bombay High Court has held that although a trademark infringement action is generally barred between two registered proprietors under Sections 28(3) and 30(2)(e) of the Trade Marks Act, 1999, a passing off action remains independently maintainable under Section 27(2), particularly in pharmaceutical trademark disputes where even a possibility of confusion may justify injunctive relief.Justice Sharmila U. Deshmukh was dealing with a dispute between Sun Pharma Laboratories Limited and United...

Calcutta High Court Upholds Judgment Passed By Commercial Court Judge Despite Suit Not Being Transferred To Commercial Division

The Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a judgment cannot be set aside merely on the ground that a suit involving a commercial dispute within the meaning of the Commercial Courts Act, 2015 was not transferred to the Commercial Division, where the judgment was delivered by a Judge designated as a Commercial Court.The Bench observed:“A judgment delivered by a Judge designated as a Commercial Court in respect of a matter which involves a...

Delhi High Court Upholds Nominal Damages In Arbitration, Reiterates Proof Of Actual Loss Under Section 73 Contract Act

The Delhi High Court bench comprising Justice Avneesh Jhingan has upheld an arbitral award granting only nominal damages, reiterating that actual loss must be proved to claim compensation under Section 73 of the Indian Contract Act, 1872, and that courts exercising jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1996 cannot re-appreciate evidence.The Court was dealing with a petition filed by Hazel Mercantile Ltd. challenging an arbitral award passed in a dispute with...

'MARQ' Deceptively Similar To 'MARC': Delhi High Court Upholds Injunction Against Flipkart

The Delhi High Court, by judgment dated April 10, 2026, in FAO-IPD 46/2021, Flipkart India Pvt. Ltd. v. Marc Enterprises Pvt. Ltd., upheld an interim injunction restraining Flipkart from using the trademark “MARQ”, holding it to be deceptively similar to the respondent's mark “MARC”.Marc Enterprises, engaged in the business of manufacturing and selling electrical accessories, fittings, appliances, and equipment, was the plaintiff/respondent. Flipkart India Pvt. Ltd., an e-commerce platform and...

Madras High Court Quashes COVID-19 Lockdown Case As Time-Barred; Notes State Policy To Withdraw Such Cases

The Madras High Court has quashed criminal proceedings arising out of alleged violations during the COVID-19 lockdown period, holding that the prosecution was barred by limitation and that the case ought to have been withdrawn in terms of the State Government's policy.Justice M. Nirmal Kumar allowed a Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and set aside the proceedings in S.T.C. No. 873 of 2025 pending before the Judicial Magistrate,...

Supreme Court Upholds Calcutta HC Order Refusing Stay On WB Election Webcasting Tender; SLP Dismissed

The Supreme Court of India on April 13, 2026 dismissed the Special Leave Petition filed by I-Net Secure Labs Private Limited, thereby affirming the April 2, 2026 order of the Calcutta High Court which had refused to stay work orders issued in a tender for providing surveillance systems for live web streaming during the West Bengal Legislative Assembly Elections, 2026.A Bench comprising of the Chief Justice of India and Justice Joymalya Bagchi held that no case for interference with the High...

NCLT Kolkata Dismisses Section 9 IBC Plea Against Bridge & Roof Co., Cites Pre-Existing Dispute Over Defective Work & Pending Final Bills

The National Company Law Tribunal (NCLT), Kolkata Bench-II, comprising Labh Singh (Member Judicial) and Rekha Kantilal Shah (Member Technical), has dismissed a Section 9 application filed by Cross Marketing (Operational Creditor) seeking initiation of the Corporate Insolvency Resolution Process (CIRP) against Bridge & Roof Company (India) Ltd. (Corporate Debtor), holding that the petition was not maintainable due to the existence of a pre-existing dispute between the parties.The Tribunal...

Supreme Court Issues Notice In Patanjali Foods' Plea Against Telangana Factory Zone Cancellation; Orders Status Quo

The Supreme Court has issued notice in a special leave petition filed by Patanjali Foods Limited challenging the cancellation and re-allotment of its factory zone in Suryapet district, Telangana, and directed the parties to maintain status quo in the meantime.A Bench comprising Justice J.B. Pardiwala and Justice K.V. Viswanathan passed the interim order on 9 February 2026 while hearing the petition arising out of proceedings before the Telangana High Court.The Court directed that notice be...