Bombay High Court Sets Aside Attachment Of ₹25 Crore Properties Linked To Businessman Avinash Bhosale

The Bombay High Court has set aside the continued attachment of properties worth ₹25 crore belonging to entities associated with businessman Avinash Bhosale, holding that the Enforcement Directorate (ED) failed to establish a link between the properties and alleged proceeds of crime.A coram of Justices A.S. Gadkari and Kamal Khata was hearing cross-appeals against an April 1, 2026 order of the Appellate Tribunal, New Delhi under the Smugglers and Foreign Exchange Manipulators (Forfeiture of...

Bombay High Court Sets Aside ₹62.42 Lakh GST Demand Over Notices Uploaded In Wrong Portal Section

The Bombay High Court on 16 October set aside a GST demand of Rs. 62.42 lakh against Abracadabra India after finding that the tax department had uploaded the notices in a separate section of the GST portal, depriving the company of an opportunity to respond. A Division Bench of Justices M.S. Karnik and Sandesh D. Patil held that the notices had not been uploaded in the regular “View Notices and Orders” section of the GST portal but in the “Additional Notices and Orders” section, which the...

Bombay High Court Restrains Ampra Biobact From Using 'PK-BOR' Fertilizer Mark Similar To 'PK MOR'

The Bombay High Court on 15 October granted ad-interim relief in a trade mark infringement and passing off suit filed by Indian Agro Chem Industries Pvt. Ltd. against Ampra Biobact Private Limited, restraining the latter from using the mark “PK-BOR” for water-soluble fertilizers. A Bench comprising Justice Madhav J. Jamdar observed: “The rival marks are clearly phonetically, visually and structurally similar, to the point of being nearly identical. There is an inconsequential difference of one...

GSTAT Trivandrum Allows Cashew Exporter's Refund Claim For IGST Paid Twice Due To Return Filing Error

On 16 October, the Thiruvananthapuram Bench of the Goods and Services Tax Appellate Tribunal (GSTAT) allowed a cashew exporter Associated Cashews to recover approximately Rs. 19.79 lakh in Integrated Goods and Services Tax (IGST) paid twice, holding that a clerical error in GST returns cannot justify denying a refund of tax paid in excess, A Bench comprising Vice-President Subramanya Rayaprol and Technical Member Ramamoorthi Sriram observed that the GST Department cannot retain tax collected...

Bombay High Court Bars Owners From Stalling Redevelopment Over Disputes On Flat Sizes And Parking

The Bombay High Court on 19 October held that parties cannot obstruct redevelopment or use a housing society to pressure a developer into renegotiating contractual terms when their disputes are covered by an existing agreement providing for arbitration. Justice Amit Borkar partly allowed a petition filed by Bindu Raheja & Sons LLP against Stephen Francis Coutts and seven others under Section 9 of the Arbitration and Conciliation Act, 1996, granting interim protection to a redevelopment...

Bombay High Court Appoints Receiver To Take Possession Of Medical Equipment Financed By Siemens

The Bombay High Court on 19 October appointed a Court Receiver to take physical possession of medical equipment financed by Siemens Financial Services Private Limited through a Rs. 1.05 crore loan, following repeated repayment defaults by borrower Nadeem Ahmad Khandey. A Single Bench comprising Justice Amit Borkar directed the Receiver to hand over the equipment to Siemens for custody pending arbitration, while prohibiting its sale, auction, transfer or dismantling. He observed: “The order is...

Platinum Jewellery Import Restrictions Cannot Apply To Goods Arriving Before Gazette Publication: Bombay High Court

The Bombay High Court on Monday ruled that new import restrictions cannot apply to platinum jewellery that had already arrived in India before the restrictions were officially published, even if the importer files customs documents later. Relying on apex court's ruling in Viraj Impex Pvt. Ltd. vs. Union of India ,a Division Bench of Justices M.S. Karnik and Sandesh D. Patil held., “The Notification acquired the force of law only on 2nd April 2026 at 20:52:58 hours, and it can be validly...

Can Shipping Lines Without Physical Cargo Custody Be Regulated Under Customs Rules? Bombay HC To Examine

The Bombay High Court will examine whether shipping lines, shipping agents, and carriers that neither hold physical custody of cargo nor operate cargo within customs premises can be classified as 'Customs Cargo Service Providers' under the Handling of Cargo in Customs Areas Regulations, 2009.A Division Bench of Justice B.P. Colabawalla and Justice Farhan P. Dubash framed this question while admitting an appeal filed by Aegon Shipping India Pvt. Ltd. against an order passed by the Customs, Excise...

Housing Society Not Liable for Developer's RERA Obligations As Landowner: Bombay High Court

The Bombay High Court has ruled that a housing society as a landowner cannot be held liable for a developer's obligations under the Real Estate (Regulation and Development) Act, 2016 (RERA), merely because the developer entered into agreements for sale with flat purchasers under a redevelopment agreement.Justice Arun R. Pedneker granted interim relief to Maruthi Co-operative Housing Society Limited, allowing it to appoint a new developer. The court also directed payment of ₹7.35 crore in unpaid...

Bombay High Court Appoints Arbitrator In Suncrypto-WazirX Dispute Over $261,967 In Crypto Assets

The Bombay High Court on 16 October appointed a sole arbitrator to resolve a dispute between Angellic Info Tech Private Limited, operator of Suncrypto, and Zanmai Labs Private Limited, operator of WazirX, over the alleged inability to withdraw crypto assets worth USD 261,967.86729. Justice Amit Borkar allowed Angellic Info Tech's petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, and appointed Advocate Dormaan Dalal as the sole arbitrator. He held: “In my view, only...

Bombay High Court Bars 'Tu Hai Meri Kiran' Release Until Co-Producer's ₹8.85 Cr. Investment Is Secured

On Monday, 19 October, the Bombay High Court ruled that Echelon Productions cannot commercially release the Hindi film Tu Hai Meri Kiran, starring Sonakshi Sinha and Zaheer Iqbal, until it secures co-producer AND Movie Products LLP's Rs. 8.85 crore investment with 15% annual interest. The film is scheduled for theatrical release on 23 October 2026. A Single Bench of Justice Amit Borkar substantially allowed AND Movie Products LLP's petition seeking interim protection of its investment and...

GST | Provisional Freezing Of Bank Accounts Cannot Be Justified Solely Through Affidavit-In-Reply: Bombay High Court

The Bombay High Court has observed that GST authorities cannot justify provisional attachment of bank accounts through affidavits-in-reply when the attachment orders themselves do not record the required opinion or establish any GST liability of the company.“Further, the orders of provisional attachment cannot be justified through affidavits-in-reply. Neither the impugned orders nor the affidavit-in-reply contain any 'opinion'. The same is indicative of only official inquiry. There is no...