Here are the some of the significant developments in the Delhi High Court from the past week..Monday, April 4.Shakhder J. moves to Madras High Court.After intense speculation and much scrutiny, the beginning of the week saw the finalisation of Justice Rajiv Shakdher’s transfer to the Madras High Court. Along with Justice Suresh Kait, who has been transferred to Hyderabad, Shakdher J was given a befitting farewell later in the week. Both judges are set to take up their new roles from April 15..Banned drugs saga.The FDC Drug ban case is being heard by Justice RS Endlaw on a regular basis..This week, when the case was heard on two days, the Centre continued with its submissions and ASG Sanjay Jain argued that no show-cause notice had to be issued necessarily to the companies before the drugs were banned. The case is now slated for hearing on April 18..Tuesday, April 5.Court directs Virbhadra Singh to participate in CBI proceedings .Himachal Pradesh Chief Minister Virbhadra Singh had filed a petition to quash the FIR lodged against him in a disproportionate assets case. He had also stated in his plea that the CBI had ‘overstepped’ its jurisdiction..The investigating agency had also filed an application in the same petition seeking vacation of the Himachal Pradesh High Court’s interim order that had restrained the agency from arresting, interrogating or filing a charge sheet against Virbhadra Singh in the disproportionate assets case..This week, Justice Pratibha Rani asked Singh as to why was he unwilling to participate in the ongoing CBI investigation and that his participation would ensure that the investigation would reach fruition soon. After Singh’s counsel, Kapil Sibal, submitted that he had no such issues in co-operating with the CBI, the Bench allowed the CBI to proceed with the investigations..Wednesday, April 6.National Herald hits High Court again.After a Single Bench had quashed the petition of Congress leaders challenging summons issued to them in a cheating case, the National Herald controversy reached the High Court once more. Sam Pitroda and other Congress leaders assailed a trial court’s order that had allowed Subramanian Swamy’s plea of summoning documents from various Ministries as evidence in the National Herald case..Appearing for the Petitioners, Senior Advocate Rebecca John argued that the trial court had not issued notice to the Petitioners, nor had there been any ‘application of mind’ in the it’s order..Swamy responded by stating that there was no provision in criminal law that required for a hearing of the Petitioners before the documents are produced. The Petitioners are expected to make their rebuttal arguments when the case is heard next on April 18..Court denies relief of protection to assets of Virbhadra Singh.After the CBI, it was the Enforcement Directorate that seems to have earned the wrath of Himachal Pradesh CM Virbhadra Singh. Singh’s children Aprajita Kumari and Vikramaditya Singh moved the High Court against an ED order of March 23 that had allowed for provisional attachment of Singh’s assets in the ongoing investigation into money laundering and disproportionate assets..When the case came up for hearing before Chief Justice G Rohini and Justice Jayant Nath the Bench refused to stay the order of the Directorate, but also sought the ED’s reply over the issue..The case will now be heard on April 18..Thursday, April 7.Monsanto’s battle continues.Mahyco Monsanto Biotech (MMB), a joint venture company between India based Mahyco and US-based Monsanto had earlier filed a petition challenging the decision of the Ministry of Agriculture to bring genetically modified (BT) cotton seeds under price control..Previously, the Central Government had submitted before the Court that a similar petition was moved by the Company before Karnataka High Court as well and it had obtained an interim order in its favor. These facts, the Centre argued, had been ‘suppressed’ before the Delhi High Court by Monsanto; more so when thee Court was already seized of the issue. The Bench, after hearing these submissions had directed the Central Government to file an application outlining the arguments against Monsanto..This week, the Central Government filed an application to dismiss the writ petition on grounds that the Petitioners had suppressed crucial facts before the Court. The Bench issued notice to the Petitioners on the applications and sought their replies. The case will now be heard in July..Respite for Kalanithi, Spicejet.The share transfer dispute between Kalanithi Maran & SpiceJet Airways was listed this week before a Single Bench, after an order directing SpiceJet to pass a board resolution for share transfer, was granted to Maran..This time, counsel for both parties submitted that as per the court’s last order, the board resolution had been passed in favor of Maran and the parties had also made a joint representation to the BSE for resolution of the said dispute. However, the BSE had not responded in the specified time frame of two weeks. The Bench has now granted time to BSE to act upon the representation made by both parties..Friday, April 8.Court admits appeal challenging disclosure of donors to the PM’s Welfare Fund.Chief Justice G Rohini and Justice Jayant Nath agreed to hear an appeal preferred by the Prime Minister’s National Relief Fund against a Single Bench order that had directed the Appellant to disclose information on the names and particulars of the donors who contributed to the Relief Fund during the period from 2009 to 2011..The Bench issued notice to the Respondent and sought a reply over the issue..Justice RS Endlaw had passed the judgment in appeal in November 2015, when he held that the CIC had only directed disclosure of the names of the institutions and not individual donors or recipients. He had also added that the Relief Fund was not an NGO, before proceeding to dismiss the petition filed by the PMNRF..The case is now posted for hearing on May 8..IPR Roundup.1. Autodesk Inc & Anr v W Ahmad & Anr..Plaintiff’s counsel informed the Court that mediation had failed in the matter and the Bench proceeded to frame issues. The case will now come up before the Joint Registrar for evidence on July 18..2. Win-Medicare Pvt Ltd v Noel Pharma (India) Pvt Ltd. .This was a trademark infringement suit filed by the Plaintiff alleging violation of their trademark over a drug Betadyne. The Bench granted interim protection and posted the case for further hearing on May 25..3. Yatra Online Pvt Ltd v Renil Kumar Reddy Komitla & Ors. and Oberoi Hotels Pvt Ltd & Anr v Mr. Abhijeet Awargaokar & Anr. .The Bench did not pass any interim orders/grant interim protection to the Plaintiff and issued notice to the other side, that will have to be served before the next date of hearing on May 27..4. Anandji Virji Shah & Ors v Eros International Media Ltd & Ors..The Plaintiff’s counsel submitted that the evidence affidavit had been filed in the case and the same be taken up before the Joint Registrar. The case will now be heard on July 12.
Here are the some of the significant developments in the Delhi High Court from the past week..Monday, April 4.Shakhder J. moves to Madras High Court.After intense speculation and much scrutiny, the beginning of the week saw the finalisation of Justice Rajiv Shakdher’s transfer to the Madras High Court. Along with Justice Suresh Kait, who has been transferred to Hyderabad, Shakdher J was given a befitting farewell later in the week. Both judges are set to take up their new roles from April 15..Banned drugs saga.The FDC Drug ban case is being heard by Justice RS Endlaw on a regular basis..This week, when the case was heard on two days, the Centre continued with its submissions and ASG Sanjay Jain argued that no show-cause notice had to be issued necessarily to the companies before the drugs were banned. The case is now slated for hearing on April 18..Tuesday, April 5.Court directs Virbhadra Singh to participate in CBI proceedings .Himachal Pradesh Chief Minister Virbhadra Singh had filed a petition to quash the FIR lodged against him in a disproportionate assets case. He had also stated in his plea that the CBI had ‘overstepped’ its jurisdiction..The investigating agency had also filed an application in the same petition seeking vacation of the Himachal Pradesh High Court’s interim order that had restrained the agency from arresting, interrogating or filing a charge sheet against Virbhadra Singh in the disproportionate assets case..This week, Justice Pratibha Rani asked Singh as to why was he unwilling to participate in the ongoing CBI investigation and that his participation would ensure that the investigation would reach fruition soon. After Singh’s counsel, Kapil Sibal, submitted that he had no such issues in co-operating with the CBI, the Bench allowed the CBI to proceed with the investigations..Wednesday, April 6.National Herald hits High Court again.After a Single Bench had quashed the petition of Congress leaders challenging summons issued to them in a cheating case, the National Herald controversy reached the High Court once more. Sam Pitroda and other Congress leaders assailed a trial court’s order that had allowed Subramanian Swamy’s plea of summoning documents from various Ministries as evidence in the National Herald case..Appearing for the Petitioners, Senior Advocate Rebecca John argued that the trial court had not issued notice to the Petitioners, nor had there been any ‘application of mind’ in the it’s order..Swamy responded by stating that there was no provision in criminal law that required for a hearing of the Petitioners before the documents are produced. The Petitioners are expected to make their rebuttal arguments when the case is heard next on April 18..Court denies relief of protection to assets of Virbhadra Singh.After the CBI, it was the Enforcement Directorate that seems to have earned the wrath of Himachal Pradesh CM Virbhadra Singh. Singh’s children Aprajita Kumari and Vikramaditya Singh moved the High Court against an ED order of March 23 that had allowed for provisional attachment of Singh’s assets in the ongoing investigation into money laundering and disproportionate assets..When the case came up for hearing before Chief Justice G Rohini and Justice Jayant Nath the Bench refused to stay the order of the Directorate, but also sought the ED’s reply over the issue..The case will now be heard on April 18..Thursday, April 7.Monsanto’s battle continues.Mahyco Monsanto Biotech (MMB), a joint venture company between India based Mahyco and US-based Monsanto had earlier filed a petition challenging the decision of the Ministry of Agriculture to bring genetically modified (BT) cotton seeds under price control..Previously, the Central Government had submitted before the Court that a similar petition was moved by the Company before Karnataka High Court as well and it had obtained an interim order in its favor. These facts, the Centre argued, had been ‘suppressed’ before the Delhi High Court by Monsanto; more so when thee Court was already seized of the issue. The Bench, after hearing these submissions had directed the Central Government to file an application outlining the arguments against Monsanto..This week, the Central Government filed an application to dismiss the writ petition on grounds that the Petitioners had suppressed crucial facts before the Court. The Bench issued notice to the Petitioners on the applications and sought their replies. The case will now be heard in July..Respite for Kalanithi, Spicejet.The share transfer dispute between Kalanithi Maran & SpiceJet Airways was listed this week before a Single Bench, after an order directing SpiceJet to pass a board resolution for share transfer, was granted to Maran..This time, counsel for both parties submitted that as per the court’s last order, the board resolution had been passed in favor of Maran and the parties had also made a joint representation to the BSE for resolution of the said dispute. However, the BSE had not responded in the specified time frame of two weeks. The Bench has now granted time to BSE to act upon the representation made by both parties..Friday, April 8.Court admits appeal challenging disclosure of donors to the PM’s Welfare Fund.Chief Justice G Rohini and Justice Jayant Nath agreed to hear an appeal preferred by the Prime Minister’s National Relief Fund against a Single Bench order that had directed the Appellant to disclose information on the names and particulars of the donors who contributed to the Relief Fund during the period from 2009 to 2011..The Bench issued notice to the Respondent and sought a reply over the issue..Justice RS Endlaw had passed the judgment in appeal in November 2015, when he held that the CIC had only directed disclosure of the names of the institutions and not individual donors or recipients. He had also added that the Relief Fund was not an NGO, before proceeding to dismiss the petition filed by the PMNRF..The case is now posted for hearing on May 8..IPR Roundup.1. Autodesk Inc & Anr v W Ahmad & Anr..Plaintiff’s counsel informed the Court that mediation had failed in the matter and the Bench proceeded to frame issues. The case will now come up before the Joint Registrar for evidence on July 18..2. Win-Medicare Pvt Ltd v Noel Pharma (India) Pvt Ltd. .This was a trademark infringement suit filed by the Plaintiff alleging violation of their trademark over a drug Betadyne. The Bench granted interim protection and posted the case for further hearing on May 25..3. Yatra Online Pvt Ltd v Renil Kumar Reddy Komitla & Ors. and Oberoi Hotels Pvt Ltd & Anr v Mr. Abhijeet Awargaokar & Anr. .The Bench did not pass any interim orders/grant interim protection to the Plaintiff and issued notice to the other side, that will have to be served before the next date of hearing on May 27..4. Anandji Virji Shah & Ors v Eros International Media Ltd & Ors..The Plaintiff’s counsel submitted that the evidence affidavit had been filed in the case and the same be taken up before the Joint Registrar. The case will now be heard on July 12.