Allahabad HC on Applicability of IBC on Power Sector
The Allahabad High Court (“Allahabad HC”), on August 27, 2018, in the case of Independent Power Producers Association of India vs. Union of India, ruled that the power sector is not exempted from the ambit of the February 12, 2018 RBI Notification that mandated all large account non-performing assets to be referred to the National Company Law Tribunal under the Insolvency and Bankruptcy Code, 2016. The Allahabad HC however, did ask the Central Government to take a final call on the matter within 15 (fifteen) days of the judgement.
Delhi HC on Jurisdiction for Trademark Infringement
The Delhi High Court on August 27, 2018, in the case of Burger King Corporation vs. Tekchand Shewakramani and Ors, held that in the event of a trademark infringement, the jurisdiction of the court can be invoked under Section 20 of the Code of Civil Procedure, 1908 in addition to Section 134 of the Trade Marks Act, 1999.
Delhi HC on Oral Agreements Superseding Arbitration Agreements
The Delhi High Court, on August 27, 2018, in the case of Mother Boon Foods Pvt Ltd vs. Mindscape One Marketing Pvt Ltd, held that any oral agreement entered into by parties will not supersede a valid arbitration agreement entered by the parties under the Arbitration and Conciliation Act, 1996.