Bombay High Court Says Award-Holder Has No Right to Retain Deposit After Arbitral Award Is Set Aside

The Bombay High Court recently held that Rashtriya Chemicals and Fertilizers Limited has no right to retain Rs 218.45 crore deposited by Thermax after the arbitral award in its favour was set aside, making it clear that the pendency of an appeal cannot be used to hold on to the money. A Division Bench of Chief Justice Shree Chandrashekhar and Gautam A. Ankhad said the legal position was straightforward once the award no longer existed. The court noted, “There is no arbitral award in...

MSME Revival Benefits Depend On Loan Limit, Not Outstanding Dues: Bombay High Court

The Bombay High Court recently held that eligibility for benefits under the Reserve Bank of India's framework for revival and rehabilitation of MSMEs depends on the sanctioned loan limit and not on the outstanding amount. The court, thus, cleared the way for Union Bank of India to continue insolvency proceedings against Vardhan Agro Processing Limited. A Division Bench of Justice Manish Pitale and Justice Shreeram V. Shirsat heard the case. While explaining the scope of the RBI framework, the...

Commercial Courts Act | Institution Of Suit Means Presentation, Not Registration, For Mandatory Mediation: Bombay High Court

The Bombay High Court has held that the requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act does not apply where a suit was instituted before the provision was declared mandatory, even if the suit was registered after that date. The court clarified that, for the purposes of Section 12-A, a suit is instituted when the plaint is presented before the court and not when it is subsequently registered by the registry. A Single Judge Bench of Justice Gauri...

Bombay High Court Upholds ₹10.54 Crore Arbitration Award Against CADA In Beed Irrigation Project

The Bombay High Court has recently upheld a Rs. 10.54 crore arbitral award arising from delays in the repair and renovation of 19 minor irrigation tanks in Beed district, holding the Command Area Development Authority responsible for stalling the project. A Division Bench of Justices Arun R. Pedneker and Vaishali Patil-Jadhav dismissed an appeal filed by senior officials of the authority and affirmed the Commercial Court's refusal to set aside the award. The bench agreed with the arbitrator...

Arbitration Law Bars Interim Relief Against Third Party Once Award Is Unenforceable: Bombay High Court

The Bombay High Court has dismissed a petition filed by Ningbo Aux Imp & Exp Co. Ltd. seeking interim relief against Vijay Sales, holding that such relief cannot be granted once a foreign arbitral award has already been found unenforceable against that party. Justice Sandeep V. Marne noted that the foreign arbitral award in the case was passed only against Amstrad Consumer India Pvt. Ltd. Vijay Sales was not a party to the arbitration and had already been deleted from the award enforcement...

Bombay High Court Says Arbitrator Right To Decide Claim on Work Performed, Not Alleged Admission

The Bombay High Court has refused to interfere with an arbitral award after finding that the contractor itself chose to press a claim based on the value of work carried out, and could not later ask the court to enforce a higher amount on the basis of an alleged admission of liability. Dismissing a petition filed by Kanti Builders Pvt Ltd, the Court said the arbitral tribunal was justified in deciding the dispute on evidence of work executed rather than on letters or a dishonoured cheque relied...

Arbitration Cannot Be Invoked Beyond Contractually Agreed Monetary Limits: Bombay High Court

The Bombay High Court has held that where parties have contractually agreed to restrict arbitration only to disputes up to a specified percentage of the contract value, courts cannot compel arbitration for claims exceeding that agreed limit. Justice Sandeep V. Marne emphasised that arbitration is founded on party autonomy, under which parties are free to determine not only whether disputes will be arbitrated but also which categories or value of disputes will be subject to arbitration. ...

Stamp Duty on DRT-Monitored Auction Sales To Follow Auction Price, Not Market Price: Bombay High Court

The Bombay High Court has reaffirmed that stamp duty on a sale certificate issued pursuant to a court-monitored auction, including auctions conducted by the Debt Recovery Tribunal, must be levied on the auction price and not on a higher market value independently assessed by stamp authorities.A Single Judge Bench of Justice N.J. Jamadar held that once a property is sold through a transparent, court-supervised auction process, stamp authorities cannot reassess its value by applying independent...

Individual Members Can't Stall Housing Society Redevelopment: Bombay High Court Reaffirms

The Bombay High Court has held that an individual member of a cooperative housing society cannot refuse to vacate her flat and delay redevelopment after the society has approved the project and executed a development agreement. Justice Sandeep V. Marne reiterated members are bound by the development agreement signed by the society. "The individual members of the Co-operative Society are bound by covenants in the Development Agreement executed by the Society with the Developer and individual...

Bombay High Court Temporarily Restrains Use Of Mark Deceptively Similar To 'TRACKON' For Courier Services

The Bombay High Court has recently granted an interim injunction restraining the use of the mark “TRACK-ON” or any other deceptively similar variant for courier services, holding that such use is prima facie infringing of the registered “TRACKON” trademark.By an order dated January 22, 2026, Justice Arif S. Doctor allowed an interim application in a trademark infringement and passing-off suit instituted by Trackon Couriers Private Limited, the registered proprietor of the “TRACKON” marks.Holding...

Interim Relief Can't Undo Completed Sale Or Replace Enforcement In Arbitration: Bombay High Court

The Bombay High Court has dismissed a plea seeking to stop the sale of a vessel and secure an arbitral award, holding that once a sale is completed, the court cannot restrain the transaction or use interim relief to indirectly enforce an award. Justice Sandeep V. Marne said interim protection under the arbitration law is meant to prevent imminent dissipation of assets. It cannot be used to undo a concluded transaction or as a substitute for enforcement proceedings. “The sale of the Ship has...

Bombay High Court Cautions Against Injunctions On Third Parties In Arbitration Cases

The Bombay High Court has dismissed a plea seeking interim relief pending arbitration by Messe Frankfurt Trade Fairs India Pvt. Ltd, he Indian arm of German exhibition organiser Messe Frankfurt, seeking interim relief to stop two trade exhibitions in Mumbai, reiterating that courts must be cautious while granting orders directly against third parties under the arbitration law.Justice Sandeep V Marne said that while there is no absolute bar on granting interim relief against non-signatories, such...