Bombay High Court
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...
Bombay High Court Modifies Arbitral Order On TDR Sale, Upholds Stay On Termination In Redevelopment Dispute
The Bombay High Court has partly modified an arbitral tribunal's interim order in a redevelopment dispute, holding that the tribunal exceeded the scope of interim protection in prescribing the manner in which Transferable Development Rights (TDR) could be sold. Justice Somasekhar Sundaresan was hearing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, filed by landowner Khimchand Prithviraj Kothari against an interim order passed in favour of developer Earth Realtors. ...
No Separate Disclosure Standard For IP Disputes Under Commercial Courts Act: Bombay High Court
The Bombay High Court has partly rejected a trademark owner's attempt to introduce additional documents nearly six years after filing suit, holding that intellectual property disputes are not entitled to any special procedural indulgence under the Commercial Courts Act. In a judgment pronounced on February 20, 2026, Justice Arif S. Doctor said the disclosure requirements under amended Order XI of the Civil Procedure Code are “mandatory and must be strictly enforced” in commercial suits.Order XI...