'Deemed Service' Cannot Cure Defect In Service Of Arbitration Notices: Bombay High Court

The Bombay High Court has recently held that the legal presumption that arbitration notices have been served cannot be mechanically invoked where there is no proof that the notices actually reached the parties. Setting aside an arbitral award, the court observed: Justice Arif S. Doctor also quashed an April 4, 2025 judgment of the District Judge, Pune. The District Judge had dismissed the borrowers' challenge to an arbitral award passed in favour of Abhyudaya Co-operative Bank Ltd. in a loan...

Bombay HC Says Confidentiality Claims Need Evidence, Refuses Injunction Against Tata Retail Arm Trent

On 7 July, the Bombay High Court held that allegations of misuse of confidential information, proprietary business methods and protected employees cannot, at the interim stage, justify a blanket injunction against a party's business activities and require adjudication before the arbitral tribunal on the basis of evidence. Justice Amit Borkar partly allowed a Section 9 petition filed by The Packshot (India) Pvt Ltd and directed Trent Ltd, Tata's retail arm, to preserve records relating to...

Bombay High Court Quashes BOI's Fraud Tag Against Future Lifestyle, Promoters Kishore Biyani, Rakesh Biyani

The Bombay High Court has recently quashed Bank of India's order classifying Future Lifestyle Fashions Ltd.'s (FLFL) loan account as fraud. The order had also named the company's promoters, Kishore Biyani and Rakesh Biyani, and its Managing Director, Vishnuprasad Mokkapatty.The court found that the bank's decision did not explain why the account and the individuals had been brought within the fraud classification despite referring to the show cause notice, the replies received, and the forensic...

Bombay HC Holds Mumbai Was Arbitration Seat In Siemens' ₹7.38 Cr Loan Dispute, Appoints Arbitrator

The Bombay High Court on 2 July, appointed Justice Dhiraj Singh Thakur (Retd.), former Chief Justice of the Andhra Pradesh High Court, as the sole arbitrator to adjudicate disputes arising from a Rs. 7.38 crore loan facility extended by Siemens Financial Services Pvt Ltd to Saroj Diagnostic Laboratory LLP. Justice Gautam A. Ankhad held that where an arbitration agreement specifies a place of arbitration and also grants jurisdiction to courts at that place, such provisions can indicate that the...

Bombay High Court Orders Takedown Of Content Infringing Actor Preity Zinta's Personality Rights

The Bombay High Court on Wednesday directed Google/YouTube, X and Meta to remove or block access within 72 hours to the URLs identified in actor Preity Zinta's suit as infringing her personality rights, excluding one URL listed in the plaint. The direction came in a suit alleging unauthorised use of her identity through AI-generated deepfakes, chatbot personas, GIFs and merchandise. Justice Madhav J. Jamdar held that the material placed on record made out "a very strong prima facie case". ...

Housing Society Member Seeking Additional Area In Redevelopment Is Not RERA Allottee: Bombay High Court

The Bombay High Court has recently ruled that original members of a housing society who sought additional area in a redevelopment project on payment did not become "allottees" under the Real Estate (Regulation and Development) Act, 2016 (RERA) merely because they soufght excess area. It restored a civil suit filed by members of a Goregaon housing society after holding that the grievances raised in the plaint, including allegations of fraudulent allotment, suppression of sanctioned plans and...

Bombay High Court Restrains Hamon Cooling Systems From Using 'HAMON' Trademark

The Bombay High Court has restrained Hamon Cooling Systems Private Limited from using the "HAMON" mark and deceptively similar variants, holding that Belgian company John Cockerill Hamon SA had made out a strong prima facie case of trademark infringement and passing off. Justice Arif S. Doctor passed the order while allowing an interim application filed by John Cockerill Hamon SA. "Not only has the Plaintiff made out a strong prima facie case for the grant of interim relief, but I must also...

Bombay High Court Refuses To Restrain Cognizant From Using Hexagonal Logo In Atyati's Copyright Dispute

The Bombay High Court has refused to restrain Cognizant Technology Solutions from using its hexagonal logo, holding that fintech software company Atyati Technologies had failed to make out a case for interim relief after Cognizant prima facie established that the mark was independently created.Justice Sharmila U. Deshmukh observed that, "It is not merely the existence of a similar logo somewhere in some part of the world but the copying of the logo which would obstruct the Plaintiff's claim to...

Absence Of Bank Guarantee No Ground To Deny Interim Relief In Redevelopment Arbitration: Bombay High Court

The Bombay High Court has held that the absence of a bank guarantee under the Maharashtra government's redevelopment guidelines, by itself, cannot invalidate a housing society redevelopment project or justify refusing interim relief under the Arbitration and Conciliation Act, 1996. Holding so, the court observed, "Once this Court has already held that furnishing of bank guarantee under the Government Resolution is recommendatory and not mandatory, mere absence of a bank guarantee cannot make...

Emergency Relief Under Foreign Arbitration Rules Does Not Bar Interim Relief By Indian Courts: Bombay High Court

The Bombay High Court has recently held that the availability of emergency or interim relief under the rules of a foreign arbitral institution does not, by itself, prevent Indian courts from granting interim protection in support of a foreign-seated arbitration. It observed that merely choosing institutional rules that provide for emergency measures is not enough to exclude the court's jurisdiction. Justice Somasekhar Sundaresan made the ruling while directing Turkish company Uzer Makina VE...

Non-Signatory Cannot Be Compelled To Arbitrate Merely For Claiming Through Signatory: Bombay HIgh Court

The Bombay High Court has recently held that a non-signatory cannot be compelled to arbitrate merely because it is alleged to be claiming "through or under" a signatory to an arbitration agreement. Emphasising that arbitration is founded on consent, the court observed, "Since consent forms the cornerstone of arbitration, a non-signatory cannot be forcibly made a 'party' to an arbitration agreement, as doing so would violate sacrosanct principles of privity of contract and party autonomy." ...

Bombay High Court Refuses Interim Relief To Bristol Bakery, Grupo Bimbo In 'Bimbo' Trademark Dispute

The Bombay High Court has recently refused interim injunctions sought by both Bristol Bakery and Mexican food company Grupo Bimbo in their cross-suits over the use of the trademark "Bimbo". It held that both companies had allowed the other to use the mark for years without taking timely legal action and that their long coexistence should not be disturbed at the interim stage. Justice Sharmila U. Deshmukh passed the order on July 6. "Grupo Bimbo and Bristol Bakery have acquiesced in the use...