Litigation Similar To Shows on OTT  Platforms Resembling Successive Seasons: Delhi High Court

Must Read

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India &...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to...

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Follow us

Excerpt

The Delhi High Court recently observed that litigation was similar to the dramas/shows on Over-The-Top (OTT) platforms. This observation followed the opportunity to watch content over OTT platforms by the judges. It specified stages of litigation resembling successive seasons of the dramas/shows (Alok Kumar Lodha vs Asian Hotels). 

Brief Facts

This litigation opened with suits claiming the occupancy of Shopping Arcade in Hyatt Regency Hotel, New Delhi. The Occupants and the Hotel preferred an appeal against the judgments on several notes. The suit came up before the Commercial Division of this Court.

Contentions Before the Court

The Occupants claimed that the licences were irrevocable and in perpetuity.  This was in their respective favour for the shops.  Thus, the termination by Asian Hotels (North) Limited, the defendant was illegal.  The Hotel, under Section 8 of the Arbitration and Conciliation Act, 1996, raised an objection. This was with regard to the maintainability of the suits. 

Court’s Observation and Decision

Justice Rajiv Sahai Endlaw stated that this had been the season of lockdowns. This provided an opportunity to watch Over-The-Top (OTT) media platforms. The shows span over seasons with several episodes. The virtual court had provided a different perspective to litigation. The similarity of litigation with the dramas/shows over several seasons was noticeable. The Court stated the stages of the litigation before the suit and appellate court resemble successive seasons of shows. Other aspects of litigation were also found to have similarity with such dramas/shows. It was stated that the judgment would be flavoured like the seasons of the dramas/shows. 

The matter also had Justice Asha Menon. It was an Appeal from an Order passed by a Single Judge Bench. The Single Judge dismissed the suit on account of the disputes being arbitrable. The Court observed interpretation of Section 8 to permit verbal application, could lead to mischief. The counsel for the Defendant could have had the suit disposed of or referred to arbitration. This could be done just on the basis of a Vakalatnama. The Court held that it was necessary for a party to apply in writing for the arbitration agreement in order to refer the parties to the arbitration. A verbal plea in this regard was insufficient.

Plea of Section 8 taken verbally would be fraught of complications and such interpretations should be avoided. The Court also held that the Order of the single-judge was not an Order/Judgment of judicial authority. It referred the parties to arbitration as it lacked the essential requirements of Section 8. Thus, the Court added that the bar under Section 37 of the Arbitration Act to the maintainability of these appeals was not applicable.  

The Single-Judge’s Order was set aside. The Court concluded by stating that it shall wait for the third season of the suit if any.

CLICK HERE TO VIEW THE JUDGEMENT.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

Petition Filed in Delhi High Court Challenging the New Privacy Policy of WhatsApp

A petition has been raised before the Delhi High Court challenging the updated privacy policy of the instant messaging app, WhatsApp. It is accused of looking into the virtual activities of the users,

Bombay High Court Says Pleas Against the Rejection of Nomination Before the Polls Is Not Maintainable

Bombay High Court on Wednesday held that a candidate cannot challenge his nomination by filing a writ petition before a court prior to the polls after his nominations have already been rejected by the Returning Officer (RO) for the Panchayat elections of January 15.

Bombay HC: It Will Be Difficult if Civic Bodies Don’t Take Action on Illegal Constructions

The Bombay High Court said on Wednesday that if the Municipal Corporations do not take action on the illegal constructions, things will become very difficult. This observation was made by a bench comprising Chief Justice Dipankar Dutta and Justice Girish Kulkarni while hearing a PIL after the Bhiwandi building collapse on September 21st, 2020 which led to the death of 39 lives. Mumbai Thane, Ulhasnagar, Kalyan-Dombivli, Vasai-Virar, Navi Mumbai, and Bhiwandi-Nizampur corporations were filed as respondents.

Uttarakhand High Court Directed State Authorities To Frame SOP Regarding Kumbh Mela 2021

Noticing the commencement date of Kumbh Mela 2021 amid pandemic from 27 February 2021, the Uttarakhand High Court on Monday expressed concern with regard to organizing and conducting of the Mela and directed State Authorities to discuss and resolve the logistical problems which can come in organizing the Mela during the pandemic time.

Writ Petition Not Maintainable Against Mahindra Finance, Being a Purely Private Body: Allahabad High Court

The Allahabad High Court reiterated that Writ Petition against the purely private body is not maintainable and dismissed the petition which was filed against Mahindra Finance Bank as Arif Khan v. Branch Manager Mahindra Finance Sultanpur & Another.

More Articles Like This

- Advertisement -