Bombay High Court
Bombay High Court Temporarily Restrains Use Of 'Kranti Kamat' Mark In Kamats Worldwide Trademark Suit
The Bombay High Court on May 13, 2026, granted an ex-parte ad-interim injunction in a trademark infringement suit filed by Kamats Worldwide Food Services Private Limited. It restrained Musa Bhai Nadaf, who runs a restaurant under the mark 'Kranti Kamat', from using the mark 'Kranti Kamat', any other mark containing the word 'Kamat', or any mark identical or similar to 'KAMATS'. Justice Advait M. Sethna, sitting in vacation court, passed the order after finding that the plaintiff had established...
Bombay High Court Orders Police To Ensure Hotel Horizon Property Handover, Flags Directors' Obstruction
The Bombay High Court recently (May 6) directed police to use reasonable force, if necessary, to ensure complete handover of Hotel Horizon Pvt Ltd's Juhu property to the successful resolution applicant. The court said the suspended directors were continuing to obstruct compliance with orders passed by the National Company Law Tribunal and the High Court.A Bench of Justices Manish Pitale and Shreeram V. Shirsat was hearing a plea by former resolution professional and interim manager Pravin R...
Bombay High Court Upholds Arbitral Award Rejecting Insurer's Undisclosed Expert Report In Claim Dispute
The Bombay High Court has recently upheld an arbitral award rejecting an insurer's reliance on an undisclosed expert opinion used to reduce an insured's claim, holding that the challenge essentially sought a reappreciation of evidence. Justice Gauri Godse held the arbitral tribunal was justified in discarding the insurer's expert report. “ The expert opinion's report is also rightly not accepted by the Tribunal. It is held that the expert was appointed without any intimation to the...
Bombay High Court Orders Meta To Suspend SWISSTOURS Trademark-Infringing Instagram Account
The Bombay High Court has ordered Meta to suspend an account accused of infringing the 'SWISSTOURS' trademark after finding that the handle continued operating despite an earlier restraining order. Justice Sharmila U. Deshmukh, in an order passed on May 4, directed the social media platform to take all steps within its power to suspend, lock, or disable public access to the impugned Instagram handle after noting that it remained active despite an ad-interim injunction granted in December last...
Non-Signatory Group Companies Cannot Be Automatically Impleaded In Arbitration: Bombay High Court
The Bombay High Court has recently held that every group company connected to a commercial transaction cannot automatically be dragged into arbitration just because it belongs to the same corporate group as a signatory party or played some role in the underlying transaction. Explaining the scope of the “group of companies” doctrine, Justice Somasekhar Sundaresan held, “What becomes clear is that whether a non-signatory is a veritable party to the arbitration agreement is the subject matter...
Bombay High Court Finds Prolonged Detention In Cheque Bounce Case “Shockingly Disproportionate”
The Bombay High Court on 5 May held that prolonged incarceration of a cheque bounce convict solely for non-payment of compensation is ex-facie unreasonable, excessively harsh and "shockingly disproportionate". A Bench of Justice N.J. Jamadar modified the default sentence imposed on Cyrus Noshirwan Kartak, the Director of Mintaur Engineering Private Limited in 17 cheque dishonour cases to the period already undergone and directed his release. He observed:“Default sentence is...
Arbitral Tribunal's Refusal To Implead Proposed Parties Is Appealable: Bombay High Court
The Bombay High Court has held that where an arbitral tribunal finds it lacks jurisdiction over persons sought to be added to arbitration proceedings, such a decision can be challenged, though it declined to interfere with such a refusal in a dispute between two partners in a property development firm. Justice Somashekar Sundaresan held that such intervention may be necessary because, “if the arbitration proceedings are conducted entirely without the involvement of someone who is later...
Treating Returns Of Allotment Penalty Provision To Exclude Adjudicating Officer's Discretion Unconstitutional: Bombay HC
The Bombay High Court has held that penalties for defective filings relating to the issuance of securities cannot be imposed through a mechanical computation exercise without examining the nature, gravity, and impact of the default. It also called arbitrary the multiplication of penalties based solely on the number of directors on a company's board, while modifying a ₹64 lakh penalty imposed on a Nidhi company and its directors. Justice Somasekhar Sundaresan, hearing a petition by N.S.J.L...
Bombay High Court Flags 'Industrial Scale' Bank Recovery Proceedings Through Self-Chosen ODR Platforms
The Bombay High Court recently cautioned that banks conducting recovery proceedings “at an industrial scale” through self-chosen Online Dispute Resolution (ODR) platforms risk concentrating multiple disputes before the same arbitrator. The court held that banks cannot sidestep the requirement of independent arbitral appointments by offering borrowers a purported choice from a list of ODR platforms curated by the bank itself. “In any case, for a bank to conduct recovery proceedings at an...
Bombay High Court Holds Arbitral Tribunal Cannot Rewrite EPC Contract Or Shift Contractual Risk
The Bombay High Court has partly set aside an arbitral award in favour of KEC International Ltd. in its dispute with Central Railway, holding that the Arbitral Tribunal went beyond the contract by treating increased earthwork quantities as a change in scope and granting additional payment. Justice Sharmila U. Deshmukh observed that a lump sum EPC contract places the risk of quantity variations and site conditions on the contractor. This risk cannot later be shifted to Central Railway through...
Bombay High Court Refers Talent Management Firm's Dispute With YouTuber Prajakta Koli To Arbitration
The Bombay High Court recently referred disputes between Singapore-based talent management firm OneDigital Entertainment Pte Ltd. and YouTuber-actor Prajakta Koli to arbitration. A single bench of Justice Sandeep V. Marne appointed former Bombay High Court judge Justice Sadhana Jadhav as the sole arbitrator to adjudicate disputes arising out of a Performance of Artists Management Agreement dated September 10, 2015. OneDigital had approached the High Court seeking interim relief before the...
Bombay High Court Grants Interim Injunction Against Unauthorised Online Sale Of CARALL Car Perfume Products
The Bombay High Court has granted an interim injunction against several online retailers and importer Gautam Sanjay Mane, who were accused of selling "CARALL" car perfume products on e-commerce platforms without authorisation from trademark owner Harukado Co. Ltd. Justice Sharmila U. Deshmukh's May 7 order extended protection that had earlier been granted on April 29 to the remaining parties, none of whom appeared before the court or filed a response despite being served. Harukado Co. Ltd. had...











