Bombay High Court
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...
Arbitral Award Holder Must Return Amount Withdrawn From Court After Insolvency Resolution: Bombay High Court
The Bombay High Court has held that where an arbitral award passed against a company is under challenge, and the company later successfully comes out of insolvency, the award holder cannot retain money withdrawn from court deposits if the claim itself is wiped out under an approved resolution plan. The court said such amounts must be returned, as the award itself no longer survives. A single-judge bench of Justice Somasekhar Sundaresan, in an order dated December 17, 2025, allowed an interim...
Bombay HC Restores IMAX's Enforcement Of Foreign Awards Against E-City, Holds Res Judicata Bars Re-Agitation Of Limitation At Later Stage
The Bombay High Court has recently restored enforcement proceedings initiated by IMAX Corporation for execution of foreign arbitral awards against E-City Entertainment (I) Pvt Ltd for breach of contractual obligations, holding that the doctrine of res judicata applies even between different stages of the same enforcement petition. The court said it cannot revisit an objection of limitation merely because subsequent judgments may have taken a different legal view. A Division Bench ...
Buyer Cannot Reject Goods After Putting Them To Use: Bombay High Court Upholds Arbitral Award Against Godrej & Boyce Manufacturing
The Bombay High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"), holding that once goods are put to use by the buyer, such conduct amounts to deemed acceptance under section 42 of the Sale of Goods Act, 1930 ("SOGA"), the buyer cannot later reject the goods on the ground of alleged defects. A claim for damages can be filed for breach of warranty but goods cannot be rejected, the court ruled. Justice Sandeep V. Marne refused ...
Bombay High Court Quashes ₹1.26 Crore Arbitral Award Over Unilateral Appointment Of Arbitrator
The Bombay High Court recently set aside a ₹1.26 crore arbitral award made in favor of Madhuban Motors Pvt. Ltd. on the grounds that the lender unilaterally appointed the sole arbitrator, violating Section 12(5) of the Arbitration and Conciliation Act, 1996. Ruling that participation in arbitral proceedings cannot remedy an ineligible appointment, the Bench comprising of Justice Sandeep V. Marne held that the award was "patently illegal" and "against public policy". The disputed stemmed from a...
Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”
The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, Justice Sandeep V. Marne on 23rd December, 2025 concluded that the arbitral panel had "egregiously erred" by...
Bombay High Court Upholds 18% Interest Levy On Delayed VAT Payment, Says Interest Levied Automatically Once Payment Is Delayed
The Bombay High Court at Goa has dismissed a writ petition filed by United Spirits Ltd. challenging the levy of interest on delayed payment of VAT on sales of Extra Neutral Alcohol (ENA), Rectified Spirit (RS) and High Bouquet Spirit (HBS) for the financial year 2019–20. A Division Bench of Justices Bharati Dangre and Ashish S. Chavan held that interest under Section 25(4) of the Goa Value Added Tax Act, 2005 is compensatory in nature and becomes automatically payable once tax is not...
Can't Portray Women In Fashion Which Affects Their Privacy: Bombay High Court Orders Removal Of Shilpa Shetty's Unauthorised Photos, Videos
Observing that no person, especially a woman can be portrayed in a fashion which affects their right to privacy and right to live with dignity under Article 21 of the Constitution of India, the Bombay High Court on Friday ordered the Union Ministry of Electronics and Information Technology (MeitY) to pull down all the photos and videos of Bollywood actress Shilpa Shetty from various websites and social media platforms, most of which are created using Artificial Intelligence (AI) and are being...
Bombay High Court Annual Tax Digest: 2025
Direct TaxNotice Issued To Non-Existing Entity Post-Merger Is Substantive Illegality, Dept Cannot Cite Technical Glitch: Bombay High CourtCase Title: City Corporation Limited v. Assistant Commissioner of Income Tax CircleCase Number: WRIT PETITION NO. 6076 OF 2023The Bombay High Court stated that notice issued to a non-existing entity post-merger is a substantive illegality and not some procedural violation.“we cannot condone the fundamental error in issuing the impugned notices against a...
PPL Sues Kapil Sharma, Producers Over Alleged Unauthorised Music Use In Netflix's The Great Indian Kapil Show
Phonographic Performance Limited (PPL), a copyright society representing sound recording owners, has moved the Bombay High Court alleging unauthorised use of its music in Netflix's comedy show The Great Indian Kapil Show. It has sought urgent interim relief to stop further use of its copyrighted sound recordings. The matter was listed on Wednesday before a single-judge Bench of Justice Sharmila U. Deshmukh on Wednesday who sought replies from the show's makers. The court is expected to consider...
Bombay High Court Declines To Temporarily Injunct Use Of 'Saat Samundar Paar' In Upcoming Dharma Film
The Bombay High Court on Tuesday declined to grant ad‑interim relief to Trimurti Films Pvt. Ltd. in a copyright infringement suit concerning the use of the song “Saat Samundar Paar” in the upcoming Hindi film 'Tu Meri Main Tera Main Tera Tu Meri'. The court has refused to injunct the use of the song in the upcoming Dharma Products movie slated for a Christmas Release.A single judge Bench of Justice Sharmila U Deshmukh passed the order while hearing an ad‑interim application by Trimurti Films,...
Bombay High Court Rejects Mumbai Metro's Arbitration Request Application, Rules Settlement Agreement Supersedes Original Contract
The Bombay High Court recently rejected the Mumbai Metro One Private Limited's (MMOPL) request to have its dispute with Hindustan Construction Company (HCC) resolved by way of arbitration. The Court deciding that the arbitration clause in the original contract no longer applies to new issues emerging from the settlement, ruled that once a "full and final" settlement agreement is executed, it supersedes the original contract. Justice Abhay Ahuja, on 18th December, 2025 stating that “the...