Bombay High Court
'No Second Bite At The Cherry': Bombay High Court Refuses Plea For Fresh Arbitrator By Negligent Party
The Bombay High Court has observed that while the expiry of an arbitrator's mandate under Section 29A of the Arbitration and Conciliation Act, 1996 does not automatically terminate arbitral proceedings, a defaulting party cannot be allowed “another bite at the cherry” by seeking appointment of a fresh arbitrator after a court has already refused to extend the mandate due to that party's own negligence. A single-judge bench of Justice Sandeep V. Marne, while dismissing an application filed by...
Bombay High Court Refuses to Interfere With Enhanced Compensation In NH-6 Land Acquisition Arbitration Case
The Bombay High Court has refused to interfere with enhanced compensation awarded to landowners for acquisition of land for widening National Highway-6 from Jalgaon to the Gujarat boundary, holding that no case was made out for interference under the limited scope of appellate review. Dismissing a batch of arbitration appeals filed by the National Highways Authority of India (NHAI), a single-judge bench of Justice Arun R. Pedneker upheld the arbitral awards as well as the orders passed under...
Allottee 'Very Vulnerable', Can Withdraw Deposited Funds Despite Pre-Deposit Requirement: Bombay High Court
On 30 March, the Bombay High Court held that an allottee can withdraw amounts deposited by a developer during an appeal despite the statutory pre-deposit requirement under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 (RERA). Justice N.J. Jamadar dismissed Rare Township's (developer) appeals and upheld the Maharashtra Real Estate Appellate Tribunal's order allowing allottee Mitul Gada to withdraw Rs. 3,26,37,193 deposited by the developer. The Court observed: “The...
Virtual Services Treated As Rendered In India: Bombay High Court Denies NIL TDS Certificate To China-Based Entity
The Bombay High Court has refused to grant a nil withholding tax certificate under Section 197 to a China-based company, holding that services delivered through emails and video conferencing can be treated as rendered in India, while also declining to interfere as the core tax dispute is pending before appellate authorities. A bench of Justices B. P. Colabawalla and Amit S. Jamsandekar observed that “the rendition of these services, even if done virtually, equate to and is the same as a...
Contractual Bar On Damages Does Not Exclude Right To Restoration Of Benefits: Bombay High Court Modifies Arbitral Award
The Bombay High Court has held that a contractual clause barring damages or compensation in a redevelopment agreement is enforceable but does not restrict the statutory right of a developer to seek restoration of benefits under Section 64 of the Indian Contract Act, 1872. Justice Sandeep V. Marne partly set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, holding that while the arbitrator was justified in denying damages in view of Clause 22 of the...
Bombay High Court Refuses MINCO Injunction Against Sister Concern Over 13-Year Acquiescence
The Bombay High Court has dismissed an appeal by Minco India Private Limited, affirming a Single Judge's decision to deny an interim injunction against Minco India Flow Elements Private Limited, a company run by the appellant's director's brother. The court found that the plaintiff had been aware of the defendant's use of the “MINCO” mark since 2012 yet chose not to act for over 13 years. That prolonged inaction, the bench held, amounted to clear acquiescence, a complete defence in a trademark...
Bombay High Court Rejects NSEL Plea To Adopt Committee Mechanism To Assess Liability In ₹937 Crore Suit
The Bombay High Court on Monday rejected a notice of motion filed by National Spot Exchange Limited (NSEL) seeking application of a committee mechanism to its recovery suit involving alleged fraudulent and collusive commodity transactions against its former trading member, N.K. Proteins Ltd. and its promoters, directors, and related entities. Holding that the notice of motion was premature and that pleadings must be completed and issues framed before such relief can be considered, Justice Gauri...
Encashing ₹18.64 Lakh Settlement Without Prior Objection Equals Acceptance: Bombay High Court In Reliance ARC's Plea
The Bombay High Court has held that Reliance Asset Reconstruction Company Ltd, having encashed Rs 18.64 lakh offered by borrowers towards full and final settlement without first communicating any objection, must be deemed to have accepted the settlement. It ruled that the company's subsequent claim that the amount was accepted “under protest” was not a valid revocation and that the arbitral awards stood satisfied. Justice Abhay Ahuja held that once the amount was encashed without prior protest,...
'PILs Filed At Behest Of Rivals Harm Corporate Reputation': Bombay High Court Rejects FIR Plea Against Reliance Industries
The Bombay High Court on Friday expressed its concern that writ petitions masked as public interest litigations are often filed at the instance of a failed competitor or a rival business house while dismissing a petition seeking registration of an FIR against Reliance Industries Ltd (RIL) over allegations of illegal extraction of gas from ONGC wells. A bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam noted that such petitions can cause serious harm to the reputation and...
'Kaithi' Makers Move Bombay High Court Over 'Bholaa' Remake Rights Dispute
Chennai-based production house Dream Warrior Pictures has moved the Bombay High Court seeking a permanent injunction to restrain Reliance Entertainment Studios and others from further exploiting, streaming, or monetizing the Ajay Devgn-starrer 'Bholaa', after claiming that the underlying remake rights have reverted to it following the termination of remake rights agreements. During the hearing on Wednesday, Justice Sharmila U. Deshmukh heard arguments on the issue of jurisdiction and reserved...
Acceptance Of Insurance Claim Under Protest Not 'Accord And Satisfaction': Bombay High Court
The Bombay High Court on 18 March held that when a claimant accepts the amount offered by an insurer under protest, such acceptance does not bar the claimant from seeking a higher amount before an arbitral tribunal. Justice Gauri Godse upheld an arbitral award enhancing the compensation payable to the insured after finding an error in the surveyor's assessment. The Court rejected the insurer's contention that the insured's acceptance of the amount amounted to accord and satisfaction. It...
Bombay High Court Dismisses Plea Seeking CBI Probe Into Reliance's Alleged $1.55 Billion Gas Theft From ONGC
The Bombay High Court on Friday (March 27) dismissed a plea seeking a CBI probe against Reliance Industries Limited (RIL) and Mukesh Dhirubhai Ambani over alleged siphoning of natural gas worth over USD 1.55 billion from ONGC wells in the Krishna-Godavari Basin.The plea was filed by Jitendra P. Maru, an Indian citizen, urging the court to direct the Central Bureau of Investigation (CBI) and the Union of India to take action. A bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam...