Housing Society Bound By Arbitration Clause In Individual Sale Agreements: Bombay High Court

On 10 February, the Bombay High Court held that a co-operative housing society, although a distinct legal entity, is a “veritable party” to the agreements signed by its individual members and is therefore bound by the arbitration clauses embedded within them. The Single Bench of Justice Somasekhar Sundaresan, emphasised that when a society is formed specifically to represent the collective interests of homebuyers, it inherits the obligations of arbitration contained in the individual sale...

Bombay High Court Sets Aside Composite GST Notice Against ICAD School

The Bombay High Court on Friday set aside a composite show cause notice spanning five financial years, issued to ICAD School of Learning Private Limited, a JEE and NEET coaching centre that offers hostel and mess facilities.On 6 February 2026, a Bench of Justice Anil L. Pansare and Justice Nivedita P. Mehta emphasised that consolidation defeats the statutory scheme of assessment and recovery for distinct financial years.Taking note of the GST framework, which mandates filing of returns with...

Recovery Impact Not Valid Ground To Oppose Transfer Of Winding-Up Proceedings To NCLT: Bombay High Court

The Bombay High Court has recently observed that objections raised by secured creditors and the Official Liquidator to the transfer of winding-up proceedings from the High Court to the National Company Law Tribunal (NCLT) cannot be sustained merely because such a transfer may affect their recovery actions. Justice Arif S. Doctor made the observation while allowing a company application filed by Sahjun Impex Trading Pvt. Ltd. The application sought transfer of a pending winding-up petition...

Bombay High Court Reiterates That Service Tax Is Not Applicable On Legal Services

The Bombay High Court recently allowed a writ petition filed by an advocate, holding that legal services rendered by an advocate are exempted from levy of service tax. On 5 February, a Bench of Justice G.S Kulkarni and Justice Aarti Sathe held that the proceedings were squarely covered by the Court's earlier decision in Advocate Pooja Patil v. Deputy Commissioner. The Court observed: “8. The present proceedings also would stand covered by such notifications and the position in law as held by...

Bombay High Court Upholds ₹32 Crore Arbitral Award Against Solapur Municipal Corporation

The Bombay High Court recently rejected a challenge by the Solapur Municipal Corporation (SMC) against an arbitral award directing it to pay over ₹32 crore to a joint venture contractor. Justice Sandeep V. Marne, while upholding the award, observed that once it is established that project delays were attributable to the civic body's failures, all subsequent penalties and blacklisting orders against the contractor were rightly set aside. He held that the Award in the present case, dated 18th...

Liquidator Can Defend Pending Civil Suits Filed Before Liquidation Under IBC: Bombay High Court

The Bombay High Court has recently held that a liquidator can be impleaded and can defend a civil suit instituted prior to the commencement of liquidation proceedings, observing that the Insolvency and Bankruptcy Code, 2016 does not bar the continuation of such pending suits. “Since Liquidator can sue, I do not see any reason why Liquidator cannot defend an action on behalf of the corporate debtor” Justice Sandeep V. Marne observed.The court clarified that Section 33(5) of the IBC bars...

Bombay High Court Directs Mumbai Stamps Collector To Expedite Decision On Developer's Representation

The Bombay High Court has directed the Additional Collector of Stamps, Mumbai, to expeditiously decide a representation filed in 2022 by a Mumbai-based developer seeking reconsideration of the Ready Reckoner rates applicable to its residential project. A Division Bench of Justice M. S. Karnik and Justice S. M. Modak granted the Additional Collector twelve weeks from the date of communication of the order to hear the developer and decide the representation on merits. The Court also directed the...

Bombay High Court Upholds NMC Regulation Allowing Only Non-Profit Companies To Set Up Medical Colleges

The Bombay High Court at Aurangabad recently upheld Regulation 6 of the Establishment of Medical Institutions, Assessment and Rating Regulations, 2023, which allows only non-profit companies to establish new medical colleges and hospitals. A division bench of Justices Sandipkumar C. More and Abasaheb D. Shinde held that the rule is a valid exercise of regulatory power and is consistent with the National Medical Commission Act, 2019. The regulations were framed by the National Medical...

DRT Can Hear Only Banks' Recovery Applications Against Borrowers Under RDB Act: Bombay High Court

The Bombay High Court has clarified that under the Recovery of Debts and Bankruptcy Act, the Debts Recovery Tribunal (DRT) has jurisdiction only over recovery applications filed by banks and financial institutions and cannot entertain suits or proceedings initiated by borrowers or third parties against banks.Justice N. J. Jamadar said that while the Recovery of Debts and Bankruptcy Act bars civil court jurisdiction in respect of matters the DRT is empowered to decide, that bar does not extend to...

Pending CBI Probe Not Adjudication: Bombay High Court Upholds Arbitral Award Against Central Railway

The Bombay High Court on Wednesday held that Central Railway cannot withhold undisputed payments to a contractor merely because a criminal case is pending in relation to another supply. The Court said a CBI investigation does not amount to adjudication under a contract and cannot, by itself, justify retaining money that is otherwise payable. A single bench of Justice Gauri Godse held that the Railways were required to first raise a recovery claim and subject it to adjudication before...

Mandatory Pre-Deposit For SARFAESI Appeal Applies To Mortgagor Who Secured Another's Loan: Bombay High Court

The Bombay High Court has clarified that, in the facts before it, a person who mortgages property to secure another party's loan is treated as a “borrower” under the SARFAESI Act and must comply with the mandatory pre-deposit before an appeal can be heard by the Debts Recovery Appellate Tribunal. A Division Bench of Justices R.I. Chagla and Farhan P. Dubash said the statute leaves no scope to exclude such mortgagors from the deposit requirement. “We are of the view that there is no need and...

Bombay High Court Refuses To Quash FIR, ED Probe Against Ex-Religare Chairperson Rashmi Saluja

The Bombay High Court has dismissed writ petitions filed by Dr Rashmi Saluja, former Executive Chairperson and key managerial person of Religare Enterprises Limited (REL), challenging an FIR registered against her in September 2024 and the proceedings initiated by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad refused to interfere with and FIR registered at Matunga Police Station,...