Post by Satvik Varma
Senior Advocate
What a welcome after the Court vacations. Four pronouncements; on Four days; Four victories; on Four distinct questions of law! The one constant - my quest to contribute to the development of the law—and to do so with fairness and integrity and with the objective of assisting the Courts in arriving at the 'right' decision. That surely paid off. 1. Arbitration Law The Delhi High Court clarified the law relating to binding of non-signatories to arbitration, veritable parties and the scope of interference by a referral court under Section 11, while also holding that issuance of a Section 21 notice is merely procedural and not mandatory. Farheen Penwale, Wasim Beg and Harshit Rawat, Lectio Law Offices. 2. Insolvency Law The National Company Law Appellate Tribunal held that the NCLT, while exercising powers under the IBC, cannot upset a decree pronounced by a Civil Court. The Resolution Professional is precluded from using Section 18 of the IBC to bypass a Civil Court decree and take charge of properties arising out of the decree. swastika kumari. 3. Public Law The Delhi High Court exercised its writ jurisdiction and held that a contractor cannot be blacklisted in perpetuity by government authorities, even if such contractor has been convicted in independent criminal proceedings. Udit Chauhan. 4. Trade Mark Law In a landmark verdict, the Delhi High Court has ruled that, for a trade mark to receive the protection of a "Well-Known" trade mark under Section 11(2), it does not need to be a "declared" Well-Known mark. In this seminal decision, the Court examined in detail the legislative intent behind the protection afforded to Well-Known marks, India's treaty obligations under the TRIPS Agreement, and also held that a non-declared Well-Known mark is entitled to cross-class protection. Akhilesh Kumar Rai, sugandha B. and Parth Agrawal. I am immensely grateful to all the briefing lawyers and law firms who continue to repose their faith in me. I am also very thankful to my exceptional internal team of lawyers, whose unwavering commitment, diligence and support made every one of these outcomes possible. Shantanu Parmar Divya Gyan Balram K On to the next challenge.....