Pre-Institution Mediation Not Mandatory If Suit Seeks Urgent Interim Relief: Bombay High Court

The Bombay High Court has recently reiterated that a commercial suit cannot be rejected merely for non-compliance with the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act if the plaint demonstrates that the suit contemplates urgent interim relief. A single bench of Justice Gauri Godse delivered the ruling in an interim application filed by Warana Sugar Ltd, its director Vinay Kore, and its corporate guarantor Tatyasaheb Kore Warana Sahakari Sakhar...

Bombay High Court Temporarily Bars Delhi Hospital From Infringing 'SAIFEE HOSPITAL' Mark

The Bombay High Court has recently granted ad-interim relief to Saifee Hospital Trust, restraining a Delhi-based company from infringing its registered trademark “SAIFEE HOSPITAL” after finding that the rival mark “SAIFI HOSPITAL” is “visually, structurally and phonetically deceptively similar”.In an order dated February 10, Justice Sharmila U. Deshmukh observed that the defendant company, Saifi Hospital Private Limited, was offering similar medical services under the impugned mark even though...

Patent Examination Cannot Be Skipped Due To Pre-Grant Opposition: Bombay High Court

The Bombay High Court has set aside the rejection of a fungicide patent application, reiterating that examination proceedings under the Patents Act cannot be bypassed merely because a pre-grant opposition is pending. In a judgment delivered on February 27, Justice Arif S. Doctor held that the Controller acted “plainly arbitrary, unexplained, and contrary to the statutory scheme of the Act and the Rules framed thereunder” by cancelling a scheduled examination hearing, assuring the applicant that...

Deemed Conveyance Orders Passed Before 2025 Amendment Of MOFA Remain Valid: Bombay High Court

The Bombay High Court on 23 February held that deemed conveyance orders under the Maharashtra Ownership Flats Act (MOFA), 1963, issued prior to the Maharashtra Ownership Flats (Amendment and Validation) Act, 2025, remain valid and cannot be reopened merely because the amendment now aligns deemed conveyance in RERA-registered projects with completion of the last building in a layout. Dismissing a challenge by the developer, a Single Bench comprising Justice Sharmila U. Deshmukh upheld a 2023...

Absence Of Physical Signature Does Not Invalidate Arbitration Agreement If Correspondence Shows Reliance On It: Bombay High Court

The Bombay High Court has recently refused to set aside an ex-parte arbitral award arising out of a commercial toy retail franchise dispute, holding that the absence of a physical signature on a contract would not invalidate the arbitrator's finding that an arbitration agreement existed, particularly where correspondence between the parties indicated reliance on the agreement. A single bench of Justice Somasekhar Sundaresan observed that “the absence of an actual physical signature would not...

Bombay High Court Quashes CBI FIR Against GTL Infrastructure Over ₹11,263 Crore Loan Restructuring

The Bombay High Court on 27 February quashed an FIR registered by the Central Bureau of Investigation (CBI) against GTL Infrastructure Ltd. (GTLIL) concerning alleged irregularities in the restructuring and assignment of loans from a consortium of 19 banks. A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad allowed GTLIL's writ petition and set aside the FIR dated 16 August 2023, which had alleged offences under Sections 120B and 420 of the IPC and...

Bombay High Court Seeks Decision In 2 Months On Imagicaa's Plea For Tax Incentive Under State Tourism Policy

Observing that extension of tax incentives granted to Imagicaaworld Entertainment Limited involves a policy decision requiring inter-ministerial dialogue, the Bombay High Court has directed the Union of India, the State of Maharashtra, and other concerned authorities to take a decision on the company's pending representation within two months. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by Imagicaaworld Entertainment Limited, which operates the...

Bombay High Court Confirms Ad-Interim Relief For Jawed Habib In Trademark Dispute With Ex-Franchisee

The Bombay High Court on 17 February, confirmed the ad-interim relief granted to Jawed Habib Hair and Beauty Limited in its dispute with an ex-franchisee, Kavita Janki Services Pvt Ltd, over trademark and copyright infringement. Justice Sharmila U. Deshmukh noted that Kavita Janki Services had failed to respond to the court's earlier prima facie findings and upheld the protections originally granted in favour of the popular hair salon franchise on 6 January 2026. The Bench observed: “In the...

GST Appellate Tribunal Can Grant Interim Relief, Including Stay On Recovery: Bombay High Court

The Bombay High Court has recently held that the GST Appellate Tribunal possesses inherent and incidental powers to grant interim relief. This includes protection against recovery pending disposal of appeals. The Court said that any interpretation to the contrary would render the appellate remedy “illusory” and defeat legislative intent. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by The Hongkong and Shanghai Banking Corporation Ltd. The bank...

Bombay High Court Quashes ₹1 Crore Stamp Duty Demand On Romell Real Estate's Slum Redevelopment Agreement

The Bombay High Court on Tuesday set aside a stamp duty demand of over Rs. 1 crore raised against Romell Real Estate Pvt. Ltd., holding that the authorities erred by adding the cost of constructing a Permanent Transit Camp (PTC) while recalculating the market value in a slum redevelopment project. A Single Judge Bench of Justice Somasekhar Sundaresan found that the Chief Controlling Revenue Authority (CCRA) acted arbitrarily in enhancing the market value by including the PTC construction cost...

Bombay High Court Dismisses Nusli Wadia, Raheja Challenge to Deemed Conveyance of Malad Land to IJMIMA Society

The Bombay High Court has dismissed three writ petitions filed by industrialist Nusli Neville Wadia, in his capacity as Administrator of the Estate of Late E.F. Dinshaw, along with Radhakrishna Properties Pvt. Ltd. and Ivory Properties and Hotels Pvt. Ltd. The petitions challenged an order dated August 29, 2022 granting unilateral deemed conveyance in favour of the Ijimima Imitation Jewellery Market Co-operative Society.Justice Amit Borkar upheld the order passed by the District Deputy Registrar...

Bombay High Court Upholds ₹496.48 Crore Metro One Award, Strikes Down ₹248 Crore For Lack Of Evidence

The Bombay High Court has partly upheld the Rs. 496.48 crore arbitral award in favour of Mumbai Metro One Private Limited arising from the Metro Line 1 project, but has set aside nearly Rs. 248 crore awarded under three heads of damages, finding that those components were not backed by evidence. Justice Sandeep V. Marne underscored that courts are required to respect the finality of arbitral awards and cannot interfere lightly. At the same time, he made it clear that intervention is justified...