Bombay High Court
Bombay High Court Declares Radhakrishna Productions Sole Owner of Rights Of 'Will You Marry Me' Film
The Bombay High Court has declared Radhakrishna Productions Pvt. Ltd. as the lawful owner of copyright and allied rights of the 2012 Hindi film Will You Marry Me, permanently restraining Ikkon Films Pvt. Ltd. and its affiliates from exploiting the film or creating any third-party rights.A single-judge bench of Justice Arif S. Doctor passed the judgment on January 5, 2026. He held that the copyright assignment and financing agreements placed on record by Radhakrishna Productions clearly vested...
Individual Members' Suit Does Not Abandon Society's Arbitration Clause With Developer: Bombay High Court
The Bombay High Court has held that a civil suit filed by individual members of a housing society against a developer does not amount to abandonment of the arbitration clause in a redevelopment agreement. The Court said such a decision can be taken only by the society acting as a collective body. A Single-Judge Bench of Justice Somasekhar Sundaresan said that once a co-operative housing society is formed, individual members give up their separate will to the collective will of the society....
Bombay High Court Refuses Interim Relief To Minco India Against Group Company Over 'MINCO' Mark
The Bombay High Court on Tuesday refused to grant interim relief to Minco India Private Limited in a trademark dispute over the use of the word “MINCO”. The court held that the company had suppressed material facts and had allowed the rival firm to use the name since at least 2012 without objection. Justice Sharmila U Deshmukh dismissed an interim application seeking to restrain Minco India Flow Elements Private Limited from using “MINCO” as part of its trade name. The court found that the...
Software Ownership Disputes Involving IPR Not Arbitrable: Bombay High Court
The Bombay High Court has recently held that an arbitral tribunal was right in refusing to decide who owns a software product, saying such questions involve intellectual property rights that affect the public at large (rights in rem) and cannot be settled through private arbitration.A Single-Judge Bench of Justice Sandeep V Marne said that deciding ownership of the “Test Magic” software would inevitably involve ruling on trademark and copyright rights, which are not meant for arbitration. The...
Bombay High Court Temporarily Bars Salon From Using 'Jawed Habib' Marks After Franchise Expiry
The Bombay High Court has temporarily restrained a local salon operator from using the “Jawed Habib”, “Jawed Habib Hair & Beauty” and “JH” names and logos, holding that their use after the end of a franchise agreement amounts to prima facie trademark and copyright infringement.A single-judge Bench of Justice Sharmila U Deshmukh passed the ad-interim order on January 6, 2026, in favour of the popular hair salon franschise Jawed Habib Hair & Beauty Limited. The restraint will...
High Courts Cannot Exercise Parallel Contempt Jurisdiction Over NCLT In IBC Cases: Bombay High Court
The Bombay High Court on Monday held that contempt petitions alleging breach of orders passed by the National Company Law Tribunal in insolvency cases cannot be filed directly before the High Court. A single-judge bench of Justice Milind N Jadhav said that once contempt powers are conferred on the NCLT by law, the High Court should not exercise parallel jurisdiction. “Hence, once such contempt jurisdiction is vested in the tribunal, this court ought not to exercise parallel contempt...
Bombay High Court Imposes ₹15 Lakhs Cost On Anrose Pharma For Infringing 'ZERODOL' Trademark
The Bombay High Court has held that Anrose Pharma's adoption and use of the trade mark 'ZEROVOL-P' in respect of pharmaceutical products amounted to a clear case of infringement and passing off of IPCA Laboratories Limited's registered trade mark 'ZERODOL'. The Court observed that in matters involving medicinal products, a stricter standard of comparison is required, as even a likelihood of confusion poses a serious risk to public health. Justice Arif S. Doctor was hearing a commercial...
Reassessment Notice To Non-Existent Firm Invalid: Bombay High Court Reiterates
The Bombay High Court has reiterated that proceedings initiated against a non-existent entity are invalid in law. A Division Bench of Justices B.P. Colabawalla and Amit S. Jamsandekar set aside a reassessment notice and a consequential assessment order issued under the Income Tax Act against a partnership firm that had merged into a private limited company years earlier. The case concerned a notice issued to J M Mhatre Infra Pvt. Ltd., described as an erstwhile partnership firm, seeking to...
Bombay High Court Sets Aside Arbitral Award Passed With “Undue Haste” After Four-Year Delay
The Bombay High Court has set aside an arbitral award, holding that it was passed in undue haste after nearly four years of inaction and without giving the parties any opportunity of hearing.A Single Bench of Justice Sandeep V Marne found that the arbitrator acted with undue haste and in clear breach of natural justice. Rejecting the explanation offered for the long delay, the Court said, “The explanation put forth by the Arbitrator for the delay is factually incorrect. The Arbitrator...
Bombay High Court Sets Aside Arbitral Awards Holding Sharekhan Liable For Investor Losses In F&O Trades
The Bombay High Court recently ruled that mere violation of SEBI's trade confirmation circular does not automatically make a broker liable for market losses, and it set aside arbitral awards that directed stockbroker Sharekhan Limited to reimburse investors for losses sustained in Futures and Options (F&O) trading. The Single Bench on 24th December, 2025, decided that investors who authorised an individual to trade on their behalf could not thereafter retract those trades and shift losses to...
Bombay High Court Bars Restaurant Chains Operating 94 Outlets From Playing PPL Music Without License
The Bombay High Court has, in an interim order, restrained two restaurant operators running around 94 outlets from publicly playing music from Phonographic Performance Limited's repertoire without a license after finding a prima facie case of copyright infringement. Justice Sharmila U. Deshmukh, in an order pronounced on December 24, 2025, held that continued unauthorised use would cause loss to PPL and therefore warranted interim protection. Allowing two interim applications filed by PPL,...
Bombay High Court Rejects Interim Injunction Sought by Sun Pharma Against “RACIRAFT” Rival “EsiRaft”
The Bombay High Court, in an interim order, has refused to restrain Gujarat based-Meghmani Lifesciences Limited from using the trademark “EsiRaft” for its pharmaceutical product used to treat heartburn and indigestion. The court held that the mark is not deceptively similar to Sun Pharmaceutical Industries Limited's “RACIRAFT.”A single bench of Justice Sharmila U Deshmukh passed the order on December 23, 2025, while dismissing an interim injunction plea filed by Sun Pharmaceutical Industries...