Bombay High Court Grants Relief To Goa Ex-CMs Digambar Kamat, Churchill Alemao In Louis Berger PMLA Case

The Bombay High Court at Goa has recently set aside a Special Court order taking cognizance against former Goa Chief Minister and current PWD Minister Digambar Kamat and Former Chief minister Churchill Alemao in the Louis Berger-linked money laundering case. The court held that prior government sanction to prosecute them, as required under Section 197 of the Code of Criminal Procedure for public servants, had not been obtained before cognizance was taken. A single-judge bench of Justice...

Arbitration Agreement Inferred From Invoices & Conduct Despite No Clause In Purchase Orders: Bombay High Court

The Bombay High Court on 5 May held that an arbitration agreement can be inferred even in the absence of an express arbitration clause in the original purchase orders, where subsequent contractual documents and the conduct of the parties indicate a clear intention to arbitrate. Justice Sandeep V. Marne allowed a Section 11 application by Hitesh Coal Traders and appointed Advocate Suyash Gadre as the sole arbitrator to adjudicate disputes with Indapur Dairy & Milk Products Ltd. arising from...

MasterChow Agrees To Stop Using Dhurandhar Character In Its Ad; Bombay HC Records Settlement In Jio's Suit

A dispute over the use of the Dhurandhar film character 'Jameel Jamali' in an advertisement has been settled before the Bombay High Court, with Reliance Industries Limited's Jio Studios resolving its case against MasterChow Foods Private Limited. Jio Studios had objected to an advertisement created by MasterChow that featured the character 'Jameel Jamali' from Dhurandhar, along with behind-the-scenes footage from the film. The company said this amounted to copyright infringement in the...

Bombay High Court Restrains United Biotech From Using 'OTIDE' Mark In Dispute With Sun Pharma

The Bombay High Court on 4 May granted an interim injunction in favour of Sun Pharma Laboratories Limited and restrained United Biotech Private Limited from using the mark OTIDE. Justice Sharmila U. Deshmukh, held that phonetic similarity between pharmaceutical marks OCTRIDE and OTIDE is sufficient to establish a prima facie case of passing off. However, she declined relief on the infringement claim. She observed: “The incorrect pronunciation of trade marks used for marketing medicines is not...

BREAKING | Bombay High Court Quashes FIR Against HDFC Bank CEO Sashidhar Jagdishan By Lilavati Trust

The Bombay High Court on Tuesday quashed the FIR registered against Sashidhar Jagdishan, Managing Director and CEO of HDFC Bank, in connection with allegations of bribery made by the Lilavati Kirtilal Mehta Medical Trust, which manages the Lilavati HospitalA division bench of Justices M. S. Karnik and N. R. Borkar allowed Jagdishan's plea seeking quashing of the FIR lodged by the Bandra police on along with the magistrate's order that had directed registration of the case.The FIR had been...

Bombay High Court Orders Constitution Of Special Bench Of NCLT To Dispose Of JM Financial's ₹167 Cr Insolvency Plea

On 30 April, the Bombay High Court directed the National Company Law Tribunal (NCLT), Mumbai to constitute a Special Bench and dispose of JM Financial Asset Reconstruction Company Ltd.'s Section 7 petition against Shubh Hospitality Private Ltd. by 30 June 2026, and expressed strong disapproval of how the Tribunal handled the matter. A Division Bench of Justices Manish Pitale and Shreeram V. Shirsat emphasised that delays at the NCLT defeat the time-bound framework of the Insolvency and...

RTO Cannot Demand Pre-Liquidation Motor Vehicle Tax From IBC Auction Purchasers: Bombay High Court

On 22 April, the Bombay High Court, allowing a writ petition filed by My Ideal Transport, held that Regional Transport Offices (RTOs) cannot demand pre-liquidation Motor Vehicle Tax (MVT) dues from auction purchasers of vehicles sold during liquidation under the Insolvency and Bankruptcy Code, 2016 (IBC). A Division Bench of Justices Manish Pitale and Shreeram V. Shirsat reiterated that statutory authorities must lodge their claims before the liquidator and have them resolved under the IBC's...

Bombay High Court Says Partners Cannot Sell Firm Property Individually; Sale Agreement Held Void

Holding that partners cannot transfer firm property in their individual capacity once it has become partnership property, the Bombay High Court's Goa bench on April 29 upheld concurrent findings declaring a 2008 Agreement for Sale and related MOUs concerning a Vasco-da-Gama property as void. A single-judge bench of Justice Dr. Neela Gokhale found that the property, originally owned by Shaikh Moosa Shaikh Hussain and Zahida Hussain, had already been brought into the partnership firm, Hotel...

Conflicting Contractual Clauses Do Not Override A Clear Arbitration Agreement: Bombay High Court

The Bombay High Court has held that when contractual clauses appear inconsistent or conflict with a clear arbitration clause, courts must lean in favour of arbitration, emphasising that such an approach is necessary to avoid frustrating valid arbitration agreements. A bench of Justice Sandeep V. Marne made the observation while appointing a sole arbitrator in a dispute between Generic Engineering Construction Projects Ltd and the Maharashtra Maritime Board arising from termination of a...

Bombay HC Permits Grasim, UltraTech To Submit Additional Evidence In 'BIRLA' Trademark Dispute With Saboo Tor

The Bombay High Court has allowed Grasim Industries and UltraTech Cement to place additional evidence on record in their trademark dispute with Saboo Tor Pvt Ltd over the use of the word “BIRLA”. The court said the documents are relevant for deciding the appeal and could not be produced earlier despite due diligence. A division bench of Justices Bharati Dangre and Manjusha Deshpande passed the order while hearing an appeal against the refusal to grant an interim injunction. The earlier decision...

Part Payments Cannot Halt SARFAESI Proceedings Once Initiated Even If Dues Fall Below 20%: Bombay HC

The Bombay High Court has recently clarified that the 20% benchmark under the SARFAESI framework operates at the threshold stage, and once that requirement is satisfied and action is initiated, subsequent payments by the borrower do not affect the creditor's right to continue enforcement. “A proper reading of Section 31(j) of Securitisation Act makes it clear that the moment the amount due exceeds 20% of the principal amount and interest thereon, the secured creditor like the respondent No.1...

Bombay High Court Upholds ₹27.43 Crore Arbitral Award Against ONGC In Uran ETP Dispute, Dismisses Appeal

The Bombay High Court has recently upheld an arbitral award in favour of Newton Engineering & Chemicals Ltd, dismissing Oil and Natural Gas Corporation's appeal in a dispute arising from delays in the Uran Effluent Treatment Plant project. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad held that the tribunal's interpretation of the contract was a plausible view and did not warrant interference. “We do not find any contradiction in the Award or the...