Himachal Pradesh High Court Weekly Roundup: September 9 - September 15, 2024

Kamlu vs Collector Land Acquisition 2024 LiveLaw (HP) 52

Novenco Building & Industry A/S v/s Xero Energy Engineering Solutions Private Ltd. & Another 2024 LiveLaw (JKL) 53

State of H.P. and another vs M/s Mengi Engineering Company 2024 LiveLaw (HP) 54

Aeronfly International Private Limited Versus State of Himachal Pradesh and Others 2024 LiveLaw (HP) 55

Bhupesh Thakur Vs State of Himachal Pradesh 2024 LiveLaw (HP) 56

Dr. Abhishek Manu Singhvi vs. Harsh Mahajan 2024 LiveLaw (HP) 57

Judgments/Orders:

Sec 151 CPC Application Not Maintainable When Sect 29A(4) Of Arbitration Act Applies, Incorrect Quote Of Section Not Grounds For Dismissal: HP High Court

Case Title: Kamlu vs Collector Land Acquisition

Citation: 2024 LiveLaw (HP) 52

The Himachal High Court bench of Justice Rakesh Kainthla held that an application under Section 151 of the CPC is not maintainable when a specific provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for extending the time of arbitration proceedings.

However, the bench also held that the application cannot be dismissed solely because it cited Section 151 CPC instead of Section 29A(4) of the Arbitration Act.

[Commercial Courts Act] Himachal Pradesh High Court Nixes Patent Infringement Lawsuit As No Urgency Shown To Not Follow "Pre Litigation Mediation"

Case Title: Novenco Building & Industry A/S v/s Xero Energy Engineering Solutions Private Ltd. & Another

Citation: 2024 LiveLaw (JKL) 53

The Himachal Pradesh High Court rejected a patents and design infringement lawsuit after observing that it did not contemplate any "urgent relief" and the interim relief plea was filed by the plaintiff just to "wriggle out" of the pre-litigation mediation mandate under Section 12A of Commercial Courts Act.

On the issue of pre-institution mandate under Section 12A of the Act the high court referred to the Supreme Court's decision in Patil Automation Private Limited and Others vs. Rakheja Engineers Private Limited (2022) where the top court had held that the Section 12-A of the Act is "mandatory" and a lawsuit which violates the mandate of Section 12A i.e. exhausting remedy of pre litigation mediation must be rejected.

Tossing Award File From One Table To Other By State Not Enough To Condone Delay ; Himachal Pradesh High Court

Case Title: State of H.P. and another vs M/s Mengi Engineering Company

Citation: 2024 LiveLaw (HP) 54

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua held that the explanation for the delay in filing objections under Section 34(1) of the Arbitration and Conciliation Act, 1996 is insufficient to justify condoning the delay if it appears that the file was merely tossed from one table to the other by the State.

Section 91 Cr.P.C. Does Not Empower Investigating Agency To Order 'Debit Freeze' Of Bank Account: Himachal Pradesh High Court

Case Title: Aeronfly International Private Limited Versus State of Himachal Pradesh and Others

Citation: 2024 LiveLaw (HP) 55

The Himachal Pradesh High Court quashed a notice issued under Section 91 of the Code of Criminal Procedure (Cr.P.C.) by the Cyber Cell, Kullu, which directed ICICI Bank to freeze the bank accounts of a company in connection with an alleged cyber fraud.

The court, presided by Justice Sandeep Sharma, held that the powers granted under Section 91 Cr.P.C. are limited to producing documents or things necessary for investigation and do not extend to freezing bank accounts.

Transgender Persons Cannot Invoke Section 69 Of BNS In False Promise Of Marriage Cases: Himachal Pradesh High Court

Case Title: Bhupesh Thakur Vs State of Himachal Pradesh

Citation: 2024 LiveLaw (HP) 56

Clarifying the limitations of Section 69 of Bharatiya Nyaya Sanhita (BNS) 2023, particularly in cases involving transgender individuals the Himachal Pradesh High Court clarified that a transgender cannot invoke Section 69 of the which penalizes sexual intercourse on a false promise of marriage.

While explaining the actual mandate of Sec 69 and confirming the interim bail of an accused Justice Sandeep Sharma observed,

“Since under BNS, “woman” and “transgender” have been given different identity and have been defined independently, under Section 2 coupled with the fact that physical relationship inter-se victim prosecutrix and bail petitioner, if any, was developed prior to surgery of victim-prosecutrix, whereby she allegedly got her sex changed, there appears to be force in the claim of the bail petitioner that he could not have been booked under Section 69 of the BNS, rather he is required to be dealt with in terms of Section 18(d) of the Act”

Himachal Pradesh HC Rejects Challenge To Maintainability Of Abhishek Manu Singhvi's Plea Against Rajya Sabha Poll Defeat

Case title - Dr. Abhishek Manu Singhvi vs. Harsh Mahajan

Case citation: 2024 LiveLaw (HP) 57

The Himachal Pradesh High Court UPHELD the maintainability of Congress' Rajya Sabha MP and Senior Advocate Dr. Abhishek Manu Singhvi's election plea challenging his defeat in the Rajya Sabha polls of February 2024.

A bench of Justice Jyotsna Rewal Dua DISMISSED an application moved by BJP Rajya Sabha MP Harsh Mahajan to reject the election petition filed by Dr Singhvi challenging the results of the February 2024 Rajya Sabha election in which Mahajan was declared as the winner.