Delhi High Court Weekly Round Up: March 6 To March 12, 2023

Citations 2023 LiveLaw (Del) 204 to 2023 LiveLaw (Del) 225

NOMINAL INDEX

Aditya Birla Finance Limited vs. Siti Networks Limited & Ors. 2023 LiveLaw (Del) 204

Syed Shahbaz Hussain & Anr v. State 2023 LiveLaw (Del) 205

COURT ON ITS OWN MOTION v. CENTRAL GOVERNMENT THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS & ORS 2023 LiveLaw (Del) 206

RKY v. MD 2023 LiveLaw (Del) 207

SHOAIB ALAM v. STATE OF NCT OF DELHI 2023 LiveLaw (Del) 208

NATIONAL FEDERATION OF THE BLIND v. GOVT. OF NCT OF DELHI AND ANR. 2023 LiveLaw (Del) 209

TVF MEDIA LABS PVT LTD & ORS v. STATE (GOVT.OF NCT OF DELHI) & ANR. 2023 LiveLaw (Del) 210

Prashant Kumar Umrao v. State of Tamil Nadu & Ors. 2023 LiveLaw (Del) 211

Swati Chaturvedi v. State 2023 LiveLaw (Del) 212

Commissioner of Customs (Airport & General) vs M/s R.P. Cargo Handling Services 2023 LiveLaw (Del) 213

Hindustan Construction Co. Ltd. vs. National Hydro Electric Power Corporation Ltd 2023 LiveLaw (Del) 214

M/s Mittal Pigments Pvt Ltd vs M/s GAIL Gas Ltd 2023 LiveLaw (Del) 215

NHAI v. Patel-KNR (JV) , O.M.P.(COMM) 416 of 2018 2023 LiveLaw (Del) 216

CHIRAG KHANDAL v. EQUESTRIAN FEDERATION OF INDIA & ORS. and other connected matters 2023 LiveLaw (Del) 217

STATE (NCT OF DELHI) v. VS 2023 LiveLaw (Del) 218

Master Arnesh Shaw v. Union of India & Anr. 2023 LiveLaw (Del) 219

Swati Maliwal v. State 2023 LiveLaw (Del) 220

Newton Engineering and Chemicals Ltd vs. UEM India Pvt Ltd 2023 LiveLaw (Del) 221

GADE INNA REDDY AND ANR. v. GOVERNMENT OF NCT DELI AND ORS. 2023 LiveLaw (Del) 222

RAIL DAWA BAR ASSOCIATION, LUCKNOW v. UNION OF INDIA & ORS. 2023 LiveLaw (Del) 223

Burger King Corporation v. Ranjan Gupta and others. 2023 LiveLaw (Del) 224

ITD Cementation India Limited v. SSJV-ZVS Joint Venture and ors, OMP(ENF.)(COMM.) 188 of 2021 2023 LiveLaw (Del) 225

Delhi High Court Refers Claims Against Essel Group Companies under ‘Letters Of Comfort’ To Arbitration

Case Title: Aditya Birla Finance Limited vs. Siti Networks Limited & Ors.

Citation: 2023 LiveLaw (Del) 204

The Delhi High Court has ruled that the statements made by a party in a ‘Letter of Comfort’, assuring the creditor that it shall ensure that the debtor repays the loan on the relevant due dates, are promissory in character and thus enforceable, even if they do not meet the requirement of Section 126 of the Indian Contract Act, 1872 which deals with the Contract of Guarantee.

The bench of Justice V. Kameswar Rao thus referred the claim raised by the petitioner/ claimant, Aditya Birla Finance Ltd, seeking compliance with the ‘Letters of Comfort’ issued by Zee Entertainment Enterprises Ltd and Essel Corporate LLP, in relation to a loan availed by their group company, Siti Networks Ltd, to arbitration.

Delhi High Court Sets Aside Order Directing Registration Of FIR Against BJP Leader Shahnawaz Hussain, His Brother In Alleged Rape Case

Title: Syed Shahbaz Hussain & Anr v. State

Citation: 2023 LiveLaw (Del) 205

The Delhi High Court has set aside a trial court order directing registration of FIR against BJP leader Syed Shahnawaz Hussain and his brother in an alleged rape case.

The woman had alleged that Hussain’s brother Shahbaz Hussain raped on her on the false pretext of marriage in 2017 whereas the BJP leader asked her to not highlight the matter and raise a hue and cry.

While the Metropolitan Magistrate had refused to direct the police to register an FIR, an Additional Sessions Judge of Patiala House Court in criminal revision on May 31 last year observed that the complaint lodged by the woman disclosed cognizable offence by Shahbaz Hussain and directed the Delhi Police to register FIR against him and the BJP leader.

Prisoners Being Treated Equally In Jails, Parole Or Furlough Given Without Any Discrimination: Delhi Govt To High Court

Title: COURT ON ITS OWN MOTION v. CENTRAL GOVERNMENT THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS & ORS

Citation: 2023 LiveLaw (Del) 206

The Delhi Government has told Delhi High Court that prisoners are being treated equally in jails in the national capital and parole or furlough is extended to them without any discrimination.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad closed proceedings in a suo moto case initiated in 2015 on the issue of preferential treatment given to certain prisoners in jails.

The court had taken cognizance of two articles published in Hindustan Times titled “Loners, 'Gandhi', fusspots: VIPs spice up jails” and “Inside the world of celebrity prisoners.”

Delhi High Court Upholds Order Asking Man To Provide Maintenance For Wife's Child From Previous Marriage, Says Can't Avoid Responsibility Now

Title: RKY v. MD

Citation: 2023 LiveLaw (Del) 207

The Delhi High Court has observed that an individual marrying a person who has a child cannot be allowed to argue later that the child is not his or her responsibility.

“When a person solemnizes a marriage with a person who already has a child, said person shall be presumed to have undertaken the responsibility of the child and also cannot later be permitted to contend that the child is not his/her responsibility,” a division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan observed.

Delhi Riots: High Court Denies Bail To Accused As Prosecution Accuses Him Of Threatening Witnesses

Title: SHOAIB ALAM v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 208

The Delhi High Court has denied bail to an accused in a case related to the 2020 North-East Delhi riots. The FIR alleges that former Aam Aadmi Party councillor Tahir Hussain's associates stole valuable property from a godown situated at Khajuri Khas.

Justice Swarana Kanta Sharma denied bail to Shoaib Alam considering that two eye witnesses gave account of his specific role and the fact that threats were being extended to the witnesses.

Undertake Special Recruitment Drive To Fill Up Vacancies For PwDs: High Court Directs Delhi Govt

Title: NATIONAL FEDERATION OF THE BLIND v. GOVT. OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 209

The Delhi High Court has directed Chief Secretary of the Delhi Government to undertake a special recruitment drive for filling up backlog of vacancies for persons with disabilities(PwDs) in various departments or establishments in a time bound manner.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also set out a time schedule to be followed by the Delhi government to carry out the special recruitment for filling up the vacancies.

TVF Web Series College Romance's Language Does Not Pass 'Community Test Of Common Man', Transgresses Into Area Of Obscenity: Delhi High Court

Title: TVF MEDIA LABS PVT LTD & ORS v. STATE (GOVT.OF NCT OF DELHI) & ANR.

Citation: 2023 LiveLaw (Del) 210

Observing that the challenge for enacting appropriate law or guidelines to regulate content on social media and OTT platforms needs urgent attention, the Delhi High Court has ruled that the language used in TVF web series “College Romance” does not pass "morale decency community test" of a common man and transgresses into the area of obscenity.

Justice Swarana Kanta Sharma said that the use of vulgar language in public domain and social media platforms which are open to children of tender age needs to be taken seriously.

“The individualistic choice which is not the choice of the majority of people of this country cannot be portrayed as choice of that majority and to be broadcasted on the ground or assumption that youth of this country speak such foul or profane language,” the court said.

Delhi High Court Grants Transit Anticipatory Bail To UP BJP Spokesperson Prashant Kumar Umrao

Title: Prashant Kumar Umrao v. State of Tamil Nadu & Ors.

Citation: 2023 LiveLaw (Del) 211

Delhi High Court has granted transit anticipatory bail till March 20 to lawyer and Uttar Pradesh spokesperson of BJP Prashant Kumar Umrao in an FIR lodged against him by Tamil Nadu police for allegedly spreading false information in a tweet on the alleged attacks against the migrant workers from Bihar in the state.

"I am of the view that the applicant should be granted reasonable time to approach the territorial jurisdictional court. Tomorrow is a holiday on account of Holi," said Justice Jasmeet Singh, while allowing Umrao's application for transit anticipatory bail.

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi

Title: Swati Chaturvedi v. State

Citation: 2023 LiveLaw (Del) 212

The Delhi High Court has stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.

Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.

Bagga filed the case against the journalist seeking action of criminal defamation after she posted a tweet in 2017 in relation to his appointment as spokesperson of the political party.

Issuance Of SCN in Customs Brokers Licensing Regulations, Contemplates Dispatch Of Notice And Not Its Receipt: Delhi High Court

Case Title: Commissioner of Customs (Airport & General) vs M/s R.P. Cargo Handling Services

Citation: 2023 LiveLaw (Del) 213

The Delhi High Court has ruled that the expression ‘issuance of show cause notice’ in Regulation 20(1) of the Customs Brokers Licensing Regulations, 2013 (CBLR), merely contemplates the dispatch of the notice and not its receipt by the Customs Broker, within the stipulated period.

The bench of Justices Vibhu Bakhru and Amit Mahajan observed that there is a distinction between issuance of notice and service of notice and the words ‘issue’ and ‘serve’ are not synonymous. The said words may be construed as interchangeable only if the context of the statute makes it necessary to do so, the Court said.

Delhi High Court Restrains Invocation of Bank Guarantee Since Party Had Arbitral Awards In Its Favour Under Contract

Case Title: Hindustan Construction Co. Ltd. vs. National Hydro Electric Power Corporation Ltd

Citation: 2023 LiveLaw (Del) 214

The Delhi High Court has ruled that the existence of any dispute between the parties to the contract is not a ground for issuing an injunction to restrain the enforcement of an unconditional bank guarantee.

The Court was dealing with a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking to restrain the opposite party from invoking/ encashing the Performance Bank Guarantee.

Arbitrator Must Serve Sufficient Notice Before Proceeding Ex-Parte Against Party: Delhi High Court

Case Title: M/s Mittal Pigments Pvt Ltd vs M/s GAIL Gas Ltd

Citation: 2023 LiveLaw (Del) 215

The Delhi High Court has set aside an ex-parte Arbitral Award on the ground that the Arbitrator failed to issue proper communication to the party before proceeding ex-parte against it and that it failed to make adequate efforts to examine whether the absence of the party was with or without showing sufficient cause.

The bench of Justice Chandra Dhari Singh held that under the Arbitration and Conciliation Act, 1996 (A&C Act), it has always been preferred and encouraged that an Arbitrator provides a pre-emptory notice to any party against whom it is seeking to proceed ex-parte, even though the same has not been stipulated under the A&C Act in clear terms.

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

Case Title: NHAI v. Patel-KNR (JV) , O.M.P.(COMM) 416 of 2018

Citation: 2023 LiveLaw (Del) 216

The Delhi High Court has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval.

The bench of Justice Navin Chawla was dealing with a petition by National Highways Authority of India (NHAI) challenging an arbitration award passed against it, however, admittedly the petition was filed by its counsel in anticipation of its final approval. Moreover, the petition was not accompanied by a copy of the award and the date of the impugned award was also wrongly mentioned at certain places.

National Sports Federations Should Prioritize Fostering Best Talent Without Being Muddled By Personal Vendettas Against Any Candidate: Delhi High Court

CaseTitle: CHIRAG KHANDAL v. EQUESTRIAN FEDERATION OF INDIA & ORS. and other connected matters

Citation: 2023 LiveLaw (Del) 217

Pulling up Equestrian Federation of India (EFI) over its selection process for upcoming Asian Games, the Delhi High Court has observed that a National Sports Federation should prioritize identifying and fostering best talent in the country without being muddled by hyper-technicality and personal vendettas against any candidate.

Observing that a sportsperson belongs to the stadium and not in courts corridors, Justice Gaurang Kanth said that no one who aims to bring laurels to their motherland should be subjected to mental agony by the federations and its officials.

Teenage Relationships May Be Dealt On Different Footing But Hands Are Tied Till Law Is Amended: Delhi High Court While Framing POCSO Charges

Case Title: STATE (NCT OF DELHI) v. VS

Citation: 2023 LiveLaw (Del) 218

While framing charges under POCSO Act against a man despite the victim stating in her statement recorded under section 164 of Cr.P.C. that she had a consensual relationship with him, the Delhi High Court has observed that its hands are tied till any amendment is carried out in law, though it may be desirable that cases of teenage relationships be dealt with on a different footing.

“Therefore, though it may be desirable that the cases of teenage infatuation and voluntary living with each other, eloping with each other or maintaining relationship, such as the present case, are dealt with on a different footing, the Court's hands are tied as far as framing of charge is concerned till any amendment is carried out by the wisdom of the Parliament of this country, if deemed appropriate,” Justice Swarana Kanta Sharma observed.

Delhi High Court Directs National Consortium To Hold Meeting On Clinical Trials For Developing Indigenous Therapies For Rare Diseases

Case Title: Master Arnesh Shaw v. Union of India & Anr.

Citation: 2023 LiveLaw (Del) 219

The Delhi High Court has directed the National Consortium for rare diseases to hold a meeting on clinical trials for developing indigenous therapies for Duchenne Muscular Dystrophy (DMD) and Gaucher with DART or Hanugen Therapeutics Private Limited.

Justice Prathiba M Singh also directed the National Consortium for Research and Development on therapeutics for Rare Diseases to consult other Centres of Excellence under the National Policy for Rare Diseases (NPRD) on estimate of candidates who may be requiring medicines and therapies across India and not just in the national capital.

Is 'Nepotism' An Offence Under Prevention Of Corruption Act? Delhi High Court Stays Proceedings Against DCW Chairperson Swati Maliwal

Case Title: Swati Maliwal v. State

Citation: 2023 LiveLaw (Del) 220

The Delhi High Court has stayed till July 26 the proceedings initiated against Chairperson of Delhi Commission for Women (DCW) Swati Maliwal over corruption allegations for allegedly abusing the official position by illegally appointing various acquaintances, including Aam Aadmi Party (AAP) workers, in the women rights body between August 6, 2015 to August 1, 2016.

Justice Anup Jairam Bhambhani said prima facie the essential ingredient of offence under Section 13(1)(d)(2) of the Prevention of Corruption Act, namely 'obtaining of any valuable thing or pecuniary advantage' is missing from the chargesheet, order on charge against Maliwal; which accordingly requires closer consideration. Thus, he stayed the trial court proceedings till next date, i.e., July 26.

Issue Whether The Dispute Pertains To The Agreement Containing Arbitration Clause Or Not, To Be Decided By Arbitrator: Delhi High Court

Case Title: Newton Engineering and Chemicals Ltd vs. UEM India Pvt Ltd

Citation: 2023 LiveLaw (Del) 221

The Delhi High Court has ruled that the issue whether the disputes between the parties have arisen under the Memorandum of Understanding (MoU) containing an arbitration clause, or the subsequent work orders issued to the party, which are devoid of any arbitration clause, or whether they are related to both, can be looked into by the Arbitrator who can rule on his own jurisdiction in terms of Section 16 of the Arbitration and Conciliation Act, 1996 (A&C Act).

While reckoning that the existence of the arbitration clause between the parties was not disputed, the Court referred the parties to arbitration, noting that it has limited jurisdiction under Section 11 of the A&C Act.

Delhi High Court Allows Holding Of Seminar On Fascism, Asks Organizers To Give Invitees’ Details To Police

Title: GADE INNA REDDY AND ANR. v. GOVERNMENT OF NCT DELI AND ORS.

Citation: 2023 LiveLaw (Del) 222

The Delhi High Court has allowed holding of a two days National Seminar to be conducted through “Bharat Bachao” platform on the theme “Understanding Fascism In Present India Context” and asked the parties to ensure that it is held in a “peaceful atmosphere.”

Justice Tushar Rao Gedela was hearing a plea moved by Gade Inna Reddy and Dr. Mondru Francis Gopinath challenging the order passed by Delhi police on March 09 denying permission to hold the seminar two days before its schedule.

Any Attempt To Vilify Judges Without Any Reasonable Basis Can’t Be Permitted: Delhi High Court Imposes ₹50K Costs On Lawyers' Body

Title: RAIL DAWA BAR ASSOCIATION, LUCKNOW v. UNION OF INDIA & ORS.

Citation: 2023 LiveLaw (Del) 223

While dismissing a plea challenging re-appointment of Justice (Retd.) K.S. Ahluwalia as Chairperson of Railway Claims Tribunal with a cost of Rs. 50,000, the Delhi High Court has said that any attempt to vilify judges without any reasonable basis cannot be permitted.

Justice Prathiba M Singh rejected the plea moved by Rail Dawa Bar Association, Lucknow, seeking direction on Central Government to lay down a fair and transparent selection procedure for appointment of Chairman, Vice Chairman (Judicial), Vice Chairman (Technical), Member (Judicial) and Members (Technical) in Railway Claims Tribunal.

Delhi High Court Dismisses Plea Of Invalidity Against BK's Registered Trademark ‘Burger King’

Case title: Burger King Corporation v. Ranjan Gupta and others.

Citation: 2023 LiveLaw (Del) 224

The Delhi High Court has dismissed a claim of invalidity against Burger King Corporation (BKC)'s registered trademark ‘Burger King’.

In response to a trademark infringement suit filed by the Burger King Corporation in 2018, the defendants had argued that BKC's registered trademark is liable to be cancelled. The court considered whether the case of the defendants on this account is "prima facie tenable".

Justice Amit Bansal said defendants have failed to place any material in support of their submission that the trademark ‘Burger King’ is either generic or common to trade.

All The Members Of A ‘Joint Venture’ Are Jointly And Severally Liable To Third Parties; No Need To Separately Make Individual Members A Party To Arbitration: Delhi High Court

Case Title: ITD Cementation India Limited v. SSJV-ZVS Joint Venture and ors, OMP(ENF.)(COMM.) 188 of 2021

Citation: 2023 LiveLaw (Del) 225

The Delhi High Court has held that all the members of a ‘joint venture (JV)’ are jointly and severally liable to the third parties with which the JV enters into an agreement.

The bench of Justice Yashwant Varma held that a JV is a quasi-partnership wherein two or more entities may come together and jointly undertake a particular transaction or contract for mutual profit. It held the parties to a JV agreement may provide for different rights or obligations amongst themselves, however, this arrangement inter se parties would not have any effect on the right of a third party to proceed jointly or severally against any individual member of the JV.