Bombay High Court
Bombay High Court Halts Production And Sale Of Fake 'Gold Flake' Cigarettes
The Bombay High Court has temporarily restrained individuals in Raigad from manufacturing and selling counterfeit 'Gold Flake' cigarettes, following a copyright and trademark infringment suit by ITC Limited. The order will remain in effect until December 10, 2025.In an order passed on November 13, Justice Sharmila U Deshmukh observed that denying interim protection in such circumstances would defeat the purpose of injunction and expose the public to serious health risks.ITC Limited, which...
'Denial Of Relevant Information To Party By Arbitral Tribunal Amounts To Violation Of Due Process': Bombay High Court
The Bombay High Court has held that an arbitral award passed without granting access to relevant documents or materials to one of the parties amounts to a violation of the principles of natural justice and due process. The Court observed that the arbitral tribunal's refusal to supply such documents deprived the party of a fair opportunity to defend its case, thereby rendering the arbitral proceedings fundamentally flawed.Justice Somasekhar Sundaresan was hearing an appeal filed by Iqbal Trading...
Bombay High Court Restrains 'Metro Footwear' from Infringing Metro Brands' Mark
The Bombay High Court has recently restrained Metro Footwear Store from using the mark “Metro Footwear”, ruling that it infringed the registered “METRO” trademark of Metro Brands Limited. The order was passed on November 10, 2025, by a single bench of Justice Sharmila Deshmukh while hearing an interim application alleging trademark infringement and passing off. The court noted that the store repeatedly sought adjournments citing settlement discussions but failed to file a reply, and no one...
'Absence Of Arbitration Clause In Agreement Does Not Render Dispute Non-Arbitrable': Bombay High Court
The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the principal agreement contains an arbitration clause, does not render the dispute non-arbitrable. The Court ruled that a supplemental agreement, merely ancillary to the principal agreement, which seeks to record that the consideration under the Development Agreement stands discharged, is an adjectival element of the substance of the Development Agreement.Justice Somasekhar...
Bombay High Court Restrains Publishers Of “The New Indian Express” From Using The Name Outside Southern States
The Bombay High Court has restrained Express Publications (Madurai) Pvt. Ltd. from using the title “The New Indian Express” outside the southern states for which it was granted rights, holding that the trademark “Indian Express” is exclusively owned by The Indian Express (P) Ltd.A single bench of Justice R I Chagla passed the order on November 13, 2025, allowing the interim application filed by Indian Express. The Court held that Express Publications' use of “New Indian Express” outside the...
Furnace Oil Not On Par With 'Plant And Machinery', Unrelated To Goods Dispatched For Complete Sales Tax Set-Off: Bombay High Court
The Bombay High Court on Wednesday held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods that are partly sold within Maharashtra and partly transferred to branches outside the state, ruling that a 6% reduction must apply under Rule 41D(3)(a) of the Bombay Sales Tax Rules, 1959. Assessee sought to put forth that Furnace oil is a consumable used in manufacturing but not part of the finished goods dispatched, and therefore, it cannot be...
Bombay High Court Restrains Local Retail Shop From Infringing 'The Body Care' Mark
The Bombay High Court has temporarily restrained a Mumbai-based retail store from using the name “The Body Care Shop”, ruling that it infringes the registered trademark “The Body Care”, owned by a city-based cosmetics business.A single bench of Justice Sharmila U Deshmukh delivered the order on November 7, 2025, in response to a trademark infringement and passing off petition filed by the proprietor of “The Body Care.”He stated that they have been engaged in the manufacture, marketing, and sale...
Bombay High Court Restrains Surat Company From Using German Entity's 'PETROFER' Mark
The Bombay High Court has granted an interim injunction in favour of German lubricant manufacturer Petrofer Chemie H.R. Fischer GmbH & Co. and its Indian licensee Hardcastle Petrofer Private Limited, restraining United Petrofer Limited, a Surat-based company, from using the mark 'PETROFER'. A single bench of Justice Arif S Doctor passed the order on November 6, 2025, while deciding an interim plea in a trademark infringement and passing-off suit concerning the registered mark...
Bombay High Court Lifts Restraint On UP-Based Popcorn Maize Seller In Brand Dispute With SNN
The Bombay High Court at Nagpur has recently set aside a District Court order restraining SNT & Co., a UP-based popcorn maize seller, from using its brand name and packaging, after finding that the court failed to properly compare the overall look and feel of its packaging with that of Shah Nanji Nagis Exports Pvt. Ltd. (SNN), which had accused SNT of copying its design.In an order passed on November 3, a single bench of Justice Rohit W Joshi lifted an earlier interim injunction and sent the...
Bombay High Court Upholds Order Barring Nagpur Bidi Maker from Using Look-Alike 'Online Bidi' Pack
The Nagpur Bench of the Bombay High Court has upheld an earlier order restraining the city based bidi maker-Rocket Bidi Works from using its 'ATM Bidi No.07' packaging, ruling that it closely resembles the trade dress and design of Mobile Bidi Traders' 'Online Bidi'. A single bench of Justice Rohit W. Joshi observed that the 'ATM Bidi' packets copied the distinctive blue colour scheme and layout of the 'Online Bidi' packaging, creating a strong likelihood of confusion among ordinary...
Income Tax | Assessee Should Not Be Penalised For Delay In Filing Return Caused By CA's Belated Advice: Bombay High Court
The Bombay High Court has held that the assessee should not be penalised for the delay in filing the return caused by the chartered accountant's belated advice. The bench noted that the delay is not due to any negligence on the part of the assessee, but to inadequate advice by the Chartered Accountant, a fact admitted by him in his affidavit. Justices B.P. Colabawalla and Amit S. Jamsandekar opined that the Petitioner ought not to be put to a considerable disadvantage as a result...
No One Can Claim Exclusivity Over Name Of Chhatrapati Shivaji Maharaj : Bombay High Court Refuses To Stall Release Of Marathi Film
The Bombay High Court has recently ruled that no one can claim exclusive rights over the name of 'Chhatrapati Shivaji Maharaj', while rejecting a film producer's plea to stop the release of a Marathi movie using the Maratha ruler's name in its title.A single bench of Justice Amit S. Jamsandekar made the observation while refusing relief in a plea by Everest Entertainment LLP, the producer of the 2009 Marathi film Mi Shivaji Raje Bhosale Boltoy. The company had approached the court against...