Delhi High Court Weekly Round Up: June 20 To June 26, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 578 TO 2022 LiveLaw (Del) 593Case Title: A-ONE REALTORS PVT.LTD. v. ENERGY EFFICIENCY SERVICES LTD. 2022 LiveLaw (Del) 578Case Title: SAJID KHAN v. STATE (NCT OF DELHI) 2022 LiveLaw (Del) 579Case Title: AMAZON SELLER SERVICES PRIVATE LIMITED & ANR. v. AMAZONBUYS.IN & ORS. 2022 LiveLaw (Del) 580Case Title: Delhi Airport Metro Express Private Limited v. Delhi Metro Rail Corporation Ltd. 2022 LiveLaw (Del) 581Case Title: SAMRIDDHI KHANDELWAL v. NATIONAL INSTITUTE OF FASHION TECHNOLOGY 2022 LiveLaw (Del) 582Case Title: ANISH SINGH THAKUR v. THROUGH ANUBHAV GUPTA 2022 LiveLaw (Del) 583Title: M/S K.B.G. ENGINEERS v. DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD. 2022 LiveLaw (Del) 584Case Title: HAVELLS INDIA LIMITED v. PANASONIC LIFE SOLUTIONS INDIA PVT LTD & ANR. 2022 LiveLaw (Del) 585Case Title: Ernst & Young, US LLP Versus ACIT 2022 LiveLaw (Del) 586Case Title: VINDHYA GURUKUL COLLEGE & ANR. v. NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR. 2022 LiveLaw (Del) 587Case Title: SWASTIKA GHOSH v. TABLE TENNIS FEDERATION OF INDIA AND ORS. 2022 LiveLaw (Del) 588Case Title: BABA RAHIM ALI SHAH & ANR. v. SH. ATUL KUMAR GARG 2022 LiveLaw (Del) 589Case Title: INTAS PHARMACEUTICALS PRIVATE LIMITED v. INTRA LIFE PRIVATE LIMITED & ORS. 2022 LiveLaw (Del) 590Case Title: HEETICH MARKETING-UND VERTRIEBS GMBH & CO. KG., & ANR v. GUPTA STORE 2022 LiveLaw (Del) 591Case Title: DR. MAHENDRA SINGH RANA v. ALL INDIA INSTITUTE OF MEDICAL SCIENCES & ANR. 2022 LiveLaw (Del) 592Case Title: Shubham Thakral Vs ITO 2022 LiveLaw (Del) 5931. Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High CourtCase Title: A-ONE REALTORS PVT.LTD. v. ENERGY EFFICIENCY SERVICES LTD.Citation: 2022 LiveLaw (Del) 578The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration.Justice Amit Bansal reiterated that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action."On the same analogy, the plaintiff cannot be entitled for refund of court fees in the event of an application under Section 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration. The rationale being that the plaintiff has invoked a wrong remedy of filing the suit when it should have invoked the arbitration proceedings," the Court observed.2. Role Of Accused & Their Position In Relation To Incident & Victim Is Of Utmost Importance In Deciding Case Of "Parity": Delhi High CourtCase Title: SAJID KHAN v. STATE (NCT OF DELHI)Citation: 2022 LiveLaw (Del) 579The Delhi High Court has observed that in deciding the case of parity, the role attributed to the accused, their position in relation to the incident and to the victim is of utmost importance.Justice Anoop Kumar Mendiratta denied bail to one Sajid Khan accused in an FIR registered under sec. 392, 397, 411 and 34 of Indian Penal Code along with sec. 25 and 27 of Arms Act.It was the case of the prosecution that in April last year, a PCR call was received regarding robbery at gunpoint. During investigation, the complainant informed that while he was present in the office at about 10 AM, 3 boys entered into the office and robbed an amount of Rs.9,98,170 from Mannapuram Finance Ltd. with the help of gun and knife and thereafter fled from the spot.3. "Causing Financial Loss To Public": Delhi High Court Restrains Rogue Websites From Using "Amazon" TrademarkCase Title: AMAZON SELLER SERVICES PRIVATE LIMITED & ANR. v. AMAZONBUYS.IN & ORS.Citation: 2022 LiveLaw (Del) 580The Delhi High Court has granted ex parte ad interim injunction in favour of online marketplace Amazon by restraining various vogue websites from using its trademark 'AMAZON'.Justice Jyoti Singh restrained websites namely https://amazonbuys.com, its Facebook page by the name of Amazon Franchise' and https://estoreamazon.in.The Court was dealing with a suit filed by Amazon Sellers Services Private Limited and its affiliate arguing that its copyright subsisted in its Website and Domain Name i.e., amazon.in as well as in the overall 'look and feel' of the website 'www.amazon.in'.4. Delhi High Court Grants Time To DMRC For Payment Of Outstanding Amount Of Arbitral Award To DAMEPL Till August 5Case Title: Delhi Airport Metro Express Private Limited v. Delhi Metro Rail Corporation Ltd.Citation: 2022 LiveLaw (Del) 581The Delhi High Court has granted time to Delhi Metro Rail Corporation (DMRC) to ensure payment of the outstanding decreetal amount to Reliance Infrastructure-promoted Delhi Airport Metro Express Pvt Ltd (DAMEPL) on or before August 5.The development came in connection with the plea filed by DAMEPL seeking enforcement of the arbitration award dated May ...

Delhi High Court Weekly Round Up: June 20 To June 26, 2022

Nupur Thapliyal

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