Emergency Relief Under Foreign Arbitration Rules Does Not Bar Interim Relief By Indian Courts: Bombay High Court

The Bombay High Court has recently held that the availability of emergency or interim relief under the rules of a foreign arbitral institution does not, by itself, prevent Indian courts from granting interim protection in support of a foreign-seated arbitration. It observed that merely choosing institutional rules that provide for emergency measures is not enough to exclude the court's jurisdiction. Justice Somasekhar Sundaresan made the ruling while directing Turkish company Uzer Makina VE...

Non-Signatory Cannot Be Compelled To Arbitrate Merely For Claiming Through Signatory: Bombay HIgh Court

The Bombay High Court has recently held that a non-signatory cannot be compelled to arbitrate merely because it is alleged to be claiming "through or under" a signatory to an arbitration agreement. Emphasising that arbitration is founded on consent, the court observed, "Since consent forms the cornerstone of arbitration, a non-signatory cannot be forcibly made a 'party' to an arbitration agreement, as doing so would violate sacrosanct principles of privity of contract and party autonomy." ...

Bombay High Court Refuses Interim Relief To Bristol Bakery, Grupo Bimbo In 'Bimbo' Trademark Dispute

The Bombay High Court has recently refused interim injunctions sought by both Bristol Bakery and Mexican food company Grupo Bimbo in their cross-suits over the use of the trademark "Bimbo". It held that both companies had allowed the other to use the mark for years without taking timely legal action and that their long coexistence should not be disturbed at the interim stage. Justice Sharmila U. Deshmukh passed the order on July 6. "Grupo Bimbo and Bristol Bakery have acquiesced in the use...

Arbitral Proceedings U/S 9 Cannot Be Used To Reopen Redevelopment Developer Appointment: Bombay HC

The Bombay High Court on 3 July held that the validity of a housing society's decision appointing a developer for redevelopment cannot be reopened in proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, and that such objections must be pursued through remedies available under law. Justice Amit Borkar allowed a petition filed by Vaswani Projects Pvt Ltd., granted interim protection for redevelopment of the Utsahi Maratha Mandal Co-operative Housing Society at Bandra,...

Asset Transfers To Defeat Creditors During Liquidation Are Void As Fraudulent Preference: Bombay HC

The Bombay High Court on 25 June held that a transfer of company property made during liquidation proceedings to promoters, without valid consideration and without a registered instrument, constitutes a fraudulent preference under Section 531(1) of the Companies Act, 1956, when it operates to defeat creditors' rights. Justice Somasekhar Sundaresan allowed an Official Liquidator's Report, and declared the transfer of agricultural land in favour of the promoters of Indage Vineyard Pvt Ltd void,...

Creditors Need Not Obtain Decree To File Claims Under Presidency Towns Insolvency Act: Bombay High Court

The Bombay High Court on Thursday held that a creditor does not need to obtain a decree before lodging a claim with the Official Assignee after a debtor is declared insolvent under the Presidency Towns Insolvency Act, 1909. It ruled that the Official Assignee must independently examine every claim and decide whether to admit or reject it by recording reasons in writing. Justice Jitendra Jain delivered the ruling while answering a reference on whether a creditor's claim must be supported by a...

Trademark Registrar Can Be Court Subordinate To HC For Rectification Proceedings Transfers: Bombay High Court

The Bombay High Court has recently held that the Registrar of Trade Marks can be regarded as a court subordinate to the High Court for the purpose of transferring pending trademark rectification proceedings. The ruling came while allowing the Institute for Technology and Management Trust (ITM) to transfer three rectification proceedings pending before the Registrar to the High Court, where a trademark suit between ITM and Samata Lok Sansthan Trust and 17 connected rectification proceedings are...

SARFAESI Auction Purchasers Cannot Be Thrown On Streets On Account Of Dispute Between Banks: Bombay High Court

Successful auction purchasers holding a registered sale certificate under the SARFAESI Act cannot be thrown on the streets because of an inter se dispute between two secured creditors, the Bombay High Court held on Tuesday. "The petitioners, who are successful auction purchasers having registered sale certificate in respect of the said flat in their favour and who have been in valid and legal possession of the aforesaid flat for more than eight years, cannot be thrown on the streets, on the...

Pending Criminal Proceedings Even In Life Imprisonment Cases Don't Bar Arbitration: Bombay High Court

The Bombay High Court on Tuesday held that criminal proceedings or allegations of serious offences, even those punishable with life imprisonment, do not by themselves make a dispute unsuitable for arbitration. Before declining to hear such a dispute, an arbitral tribunal must explain how the allegations amount to "serious fraud" with wider public implication Justice Gauri Godse allowed Capalpha Trade Pvt Ltd's appeal and set aside an arbitral tribunal's August 3, 2023 order. The tribunal had...

Bombay High Court Upholds Award Rejecting LPG Distributor's ₹40 Crore Claim Against Reliance Petro

The Bombay High Court has recently upheld an arbitral award rejecting most of an LPG distributor's nearly ₹40 crore damages claim against Reliance Petro Marketing Ltd. It held that the arbitrator's interpretation of the distribution agreements and the evidence on record warranted no interference. Justice Kamal Khata held that the award dated March 25, 2021 was neither vitiated by patent illegality nor contrary to the fundamental policy of Indian law. "Accordingly, this Court is of the...

Bombay HC Protects Bombay Group's Continued Use Of 'Vadilal' Trademark Pending Family Settlement Arbitration

The Bombay High Court has recently granted interim protection to one branch of the Gandhi family behind the Vadilal brand. It restrained Vadilal Industries Ltd., Vadilal International Pvt. Ltd. and other Ahmedabad Group entities from interfering with the Bombay Group's continued use of the "Vadilal" trademark in Maharashtra, Goa, Karnataka, Kerala, Andhra Pradesh and Telangana until arbitration over a family settlement is decided. Justice Amit Borkar held that the Bombay Group had established a...

Unit Owners, Not Society, Must Challenge Individual Property Tax Demands: Bombay High Court

The Bombay High Court has held that after the Municipal Corporation of Greater Mumbai (MCGM) issued separate property tax demand notices to individual unit owners, any grievance regarding the assessment, penalty or sewerage tax became an individual dispute. The court held that the appropriate remedy thereafter is the statutory appeal under the Mumbai Municipal Corporation Act. It dismissed writ petitions filed by a commercial premises society and some of its members after finding that MCGM had...