India: Contracts and Commercial Law

In a recent decision in KKH Finvest Pvt. Ltd. vs. Ashiesh Shukla [2026 INSC 803], the Supreme Court of India ("Supreme Court"), held that a non-signatory shareholder could be treated as a "veritable party" to an arbitration agreement contained in a Memorandum of Settlement where his obligations under a separately executed Share Purchase Agreement formed an integral part of the underlying composite transaction and the surrounding circumstances demonstrated an intention to be bound by the settlement.

The Bombay High Court has restrained Hamon Cooling Systems Private Limited (“Defendant No. 1”) from using the mark HAMON, holding that John Cockerill Hamon SA (the “Plaintiff”) had made out a strong prima facie case that it is the proprietor of the HAMON trade marks in India, and that Defendant No. 1’s use of the marks — traceable to a now-expired “Brand Usage Right” granted following a cross-border insolvency-driven transfer of the Hamon group’s global IP portfolio — amounted to infringement and passing off. The Order was passed by Justice Arif S. Doctor on 6th July 2026, allowing the Plaintiff’s Interim Application seeking to restrain Defendant No. 1 from using “HAMON COOLING” and “HCS HAMON COOLING” as trade marks and as part of its corporate name.

The Rajasthan Real Estate Appellate Tribunal (“REAT”), by its order dated 21 July 2026 in AKG Affordable Housing Pvt. Ltd. v. Hunny Yadav and Ors., has reaffirmed a homebuyer’s entitlement to possession and delay compensation under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”), notwithstanding a promoter’s attempt to resist liability on grounds of non-registration of the sale agreement, force majeure, and alleged shared default.