Gowree Gokhale

 In a recent judgment in Gloster Limited v. Gloster Cables Limited, the Supreme Court has held that the NCLT, while exercising powers under Section 60(5)(c) of the Insolvency and Bankruptcy Code, cannot declare or adjudicate disputed trademark title merely because the controversy surfaces in the course of a corporate insolvency resolution process. The Court found that the Kolkata Bench of the NCLT exceeded its jurisdiction when it effectively vested ownership of the “Gloster” trademark in the successful resolution applicant, even though the dispute was a long‑standing IP ownership battle between two independent entities.

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Saraf and Partners Advised Megaport On Acquisition Of India’s Extreme IX Team : Vaibhav Kakkar, Snigdhaneel Satpathy, Shirin Singh, Ishaan Gupta, Suraj Kumar, Gangesh Varma, Samiksha Bhargava, Devansh Sehgal Link to read full News:https://lnkd.in/gtvt_Pg3 #LegalEra #SarafAndPartners #Megaport #ExtremeIX #India #Acquisition #InternetExchange #IndiaDeals

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Indian Supreme Court’s ruling allowing modification of arbitral awards has created uncertainty among arbitration practitioners outside India over how and when courts may alter awards, Vice President of the ICC International Court of Arbitration VK Rajah said on Sep 04. India has made strong progress since BALCO, but Rajah said recent developments on modifying awards have made outcomes harder to predict. Rajah was speaking at Gujarat High Court Arbitration Centre's Arbitration Week 2026 at GIFT City Club, Gandhinagar. ICC India | ICC Arbitration Read the Coverage: https://lnkd.in/gWM9nssH #GujaratHighCourt #Arbitration #AttorneyGeneral #ArbitralAward #LegalUpdate

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⚖️ Delhi High Court Reaffirms Distinct Patent Hearing Safeguards A recent ruling clarifies that a Section 25(1) pre-grant opposition hearing cannot substitute the mandatory Section 14 hearing under the Patents Act, 1970. 🔗 Read the full Blog: https://lnkd.in/gkTHGNjj ✍️Authors: Sharad Vadehra & Saransh Vijayvargiya #PatentLaw #IPLaw #PatentProsecution #DelhiHighCourt #LegalUpdate

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India's latest data protection law has drawn mixed reactions from legal experts and policy researchers, with some arguing the framework bolsters privacy and individual rights, while others believe high compliance costs and ambiguity over state's use of data could weaken the legislation's original intent. Our Partner – (Co-Head – Digital | TMT) Arun Sadhanand Prabhu shares his views on this in an article published by The Economic Times. Read it at: https://lnkd.in/dcJzuvSB #DataProtectionLaw #DPDPRules #DataProcessingAgreement

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Sameer Jain Appointed Chair, Aanchal Basur Vice Chair of ICC India Arbitration Group 🔍 Brief Facts: ICC India, in consultation with the ICC International Court of Arbitration and its Secretariat, has appointed Sameer Jain as Chair and Aanchal Basur as Vice Chair of the ICC India Arbitration Group (IAG), effective September 1, 2026. Jain is the Managing Partner at PSL Advocates & Solicitors, while Basur is a Partner at AB Law. Both are members of the ICC Commission on Arbitration and ADR and have previously served as regional representatives of ICC’s Young Arbitration and ADR Forum from India. Jain was earlier a member of the IAG’s core committee, while Basur served as its Secretary. Jain succeeds Shashank Garg, who led the Group's engagement with practitioners, in-house counsel, students and other stakeholders in India's arbitration community. 🔍 Key Takeaways: ▪️ Sameer Jain will serve as the new Chair of the ICC India Arbitration Group. ▪️ Aanchal Basur has been appointed Vice Chair, with both appointments taking effect from September 1, 2026. ▪️ Jain has over 18 years of experience in commercial disputes, international arbitration and complex cross-border matters, representing Indian and international clients across various sectors. ▪️ Basur specialises in international arbitration arising from commercial disputes, including matters involving the energy, healthcare, hospitality and manufacturing sectors. ▪️ Both Jain and Basur are members of the ICC Commission on Arbitration and ADR and have held leadership roles within ICC's young arbitration network. ▪️ ICC International Court of Arbitration President Claudia Salomon highlighted their experience, credibility and long-standing association with ICC. ▪️ Jain said he intends to build on the Group's existing momentum, expand dialogue among stakeholders and strengthen awareness of ICC arbitration and ADR services in India. ▪️ Basur emphasised the importance of creating inclusive conversations and meaningful opportunities for collaboration among practitioners, users, academics and young professionals. ▪️ The ICC India Arbitration Group promotes ICC Dispute Resolution Services in India through conferences, workshops, training programmes and policy discussions. ▪️ The Group works with practitioners, corporate counsel, public sector entities, academic institutions and young professionals to strengthen India's engagement with international arbitration and ADR. 🔗 Follow Juris Publica for more https://lnkd.in/grz_69jr #ICC #Arbitration #InternationalArbitration #ADR #ICCIndia #LegalNews #DisputeResolution #IndianArbitration #LawProfessionals #JurisPublica

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Standard template for an application for condonation of delay. This draft is specifically tailored for a Section 138 (Cheque Bounce) complaint to align with the Supreme Court's procedural requirements in S. Nagesh v. Shobha S. Aradhya. BEFORE THE COURT OF THE LD. JUDICIAL MAGISTRATE FIRST CLASS AT [CITY NAME] P.C.R. No. ______ of 2026 In the matter of: [Your Name/Complainant's Name] ... Complainant Versus [Accused Name] ... Accused/Respondent APPLICATION FOR CONDONATION OF DELAY UNDER THE PROVISO TO SECTION 142(b) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 MOST RESPECTFULLY SHOWETH: That the Complainant has filed the accompanying complaint under Section 138 of the Negotiable Instruments Act against the Accused for the dishonor of Cheque No. [Number] dated [Date] for an amount of ₹[Amount]. That as per the statutory requirements, the cause of action to file the present complaint arose on [Date]. The limitation period of 30 days expired on [Date]. That the present complaint is being filed on [Current Date], resulting in a delay of [Number of Days] days. That the Complainant was unable to file the complaint within the prescribed period due to the following sufficient cause: [Example: That the Complainant was suffering from severe viral fever/medical emergency from (Date) to (Date) and was advised bed rest. Medical certificate is attached as Annexure-A.] [Example: That the Complainant was out of station for an unavoidable family emergency and could not coordinate with the counsel in time.] That the delay is neither intentional nor deliberate, but due to the circumstances mentioned above which were beyond the control of the Complainant. That no prejudice will be caused to the Accused if the delay is condoned, as the matter involves a substantial legal debt. However, the Complainant will suffer irreparable loss if the complaint is dismissed on technical grounds of limitation. That this Hon’ble Court has the power under the Proviso to Section 142(1)(b) of the NI Act to condone the delay if sufficient cause is shown. PRAYER In view of the facts mentioned above, it is most respectfully prayed that this Hon’ble Court may be pleased to: a) Condon the delay of [Number] days in filing the accompanying complaint; b) Proceed to take cognizance of the offence after condoning the said delay; c) Pass any other order(s) as this Hon'ble Court may deem fit in the interest of justice. Place: [City] Date: [Date] [Signature] Complainant Through Counsel *Important Notes for Implementation:* The Affidavit: This application must be accompanied by an "Affidavit in Support," where the complainant swears on oath that the reasons for the delay are true. Medical/Evidence: If you cite illness, always attach a doctor’s prescription or a medical certificate. Courts are much more likely to condone delay when physical evidence is provided. #DigitalLawLearners

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