Bombay High Court
Bombay High Court Upholds ₹96 Lakh Award Against TCS In Hardware Supply Dispute With Inspira
The Bombay High Court on Tuesday upheld an arbitral award directing Tata Consultancy Services Ltd. to pay Rs. 96.20 lakh to Inspira IT Products Pvt. Ltd. for the loss suffered on 207 servers and monitors that Inspira purchased for TCS but could not deliver after TCS failed to finalise delivery locations. The court rejected cross-appeals filed by both the parties. A single bench of Justice Sandeep V Marne held on December 2 that the 2023 award contained no perversity or patent illegality,...
Bombay High Court Rejects Kailash Masala's Appeal Against Denial of Interim Relief in 'Mahalaxmi' Trademark Case
The Bombay High Court at Aurangabad has dismissed an appeal by Kailash Masala Industries, which had challenged a trial court's refusal to grant the company interim protection in its trademark and passing-off suit against Organic Khandeshi Food Products over the trademark 'Mahalaxmi' for its Masala Products. A single bench of Justice Shailesh P Brahme, in an order dated November 26, 2025, said the conduct of parties is an important factor while reviewing orders on interim injunctions under...
Bombay High Court Restores Registration Of Imported Car, Says RTO Cannot Ignore Customs Settlement Commissions' Findings
The Bombay High Court has held that authorities cannot override or ignore the findings of the Customs Settlement Commission while taking administrative action. The Court ruled that once the Commission accepts the disclosure, settles duty liability and grants immunity under Section 127H of the Customs Act, its order becomes final and conclusive under Section 127J, and no other authority can indirectly reopen the customs issue. A bench of Justice N.J. Jamadar while hearing the writ...
Bombay High Court To Examine If Non-Advertised Project Need Mandatory RERA Registration
The Bombay High Court has stayed a Maharashtra Real Estate Appellate Tribunal order requiring a builder to register two additional wings of its real estate project in Maharashtra, noting that the central issue of whether registration under Section 3 of the Real Estate (Regulation and Development) Act becomes mandatory when no units are advertised or offered for sale requires examination.Justice Arun R Pedneker made this observation on November 25, 2025 while issuing notice in the second appeals...
RERA Authorities Cannot Decide Title Disputes Or Issue Declarations and Injunctions Like Civil Court : Bombay High Court
The Bombay High Court has recently held that authorities and tribunals under the Real Estate (Regulation and Development) Act, 2016 (RERA) cannot adjudicate title disputes between allottees or grant declaratory and injunctive reliefs, ruling that such powers lie exclusively with civil courts. Clarifying the limits of RERA jurisdiction, the court held that disputes concerning the validity of title instruments “is not a matter which the authorities under the RERA are empowered to adjudicate....
SEBI Acted With 'Due Care And Caution' In Clearing WeWork India IPO: Bombay High Court
The Bombay High Court on Monday observed that SEBI had exercised “due care and caution” in clearing the WeWork India IPO, while dismissing two petitions that alleged the regulator failed to act on complaints of inadequate disclosures in the offer documents of the Indian arm of global co-working space brand. A division bench of Justice RI Chagla and Farhan P Dubash said it was “satisfied that SEBI has indeed exercised due care and caution and complied with the legal requirements, including...
Bombay High Court Dismisses Plea Challenging WeWork India IPO, Imposes ₹1 Lakh Cost On Petitioner
The Bombay High Court on Monday dismissed two petitions challenging the IPO of WeWork India, bringing an end to an attempt by two retail investors to stop or modify the company's public issue over allegations of inadequate disclosures.A division bench of Justice R I Chagla and Justice Farhan A Dubash dismissed the petition filed by an invetsor Hemant Kulshreshtha with no order as to costs, while the petition filed by another investor Vinay Bansal was dismissed with a cost of Rs 1 lakh, to be...
“Shall Endeavour” Clause In Construction/Commercial Contracts Can Create Enforceable Obligations: Bombay High Court
The Bombay High Court has observed that the “shall endeavour” clause can amount to an enforceable obligation in the context of construction contracts. While mere failure to achieve revenue projections does not constitute a breach of the “shall endeavour” clause but not making best efforts to achieve projections in the business plan amounts to a breach of the clause. Facts The present petition was filed by Petitioner i.e. Regus South Mumbai Business Centre Private Limited (“Regus”) ...
Designated Committee Must Adjust Pre-Deposits & Investigation Recoveries While Issuing Final Statement Under SVLDRS-3 Scheme: Bombay HC
The Bombay High Court has held that the Designated Committee under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) is mandatorily required to verify and consider pre-deposits and amounts recovered during investigation under Form SVLDRS-3 (final statement issued by the Designated Committee showing the exact amount payable by the taxpayer under the Scheme) A Division Bench comprising Justice M.S. Sonak and Justice Advait M. Sethna, while hearing a writ petition filed...
Income Tax Act | Mechanical 'Rubber-Stamp' Approval U/S 153D Vitiates Entire Search Assessment: Bombay High Court
The Bombay High Court has held that prior approval under Section 153D of the Income Tax Act is not a mere technical or procedural formality, and that mechanical, en masse sanction without application of mind vitiates the entire assessment under Section 153A. A Division Bench of Justice M.S. Sonak and Justice Advait M. Sethna, while deciding a batch of over 60 Income Tax Appeals filed by the Revenue led by Pr. Commissioner of Income Tax Central 4, dismissed the appeals at the admission...
Bombay High Court Grants Interim Relief To 'JIO'; Restrains Taxi Operator From Using 'JIO Taxi' Mark
The Bombay High Court has barred a Jharkhand-based taxi operator from using the name “JIO TAXI” after finding that it prima facie infringes Reliance Industries Ltd.'s well-known “JIO” trademark. A single bench of Justice Sharmila U Deshmukh passed the order on November 24, 2025, granting an ad-interim injunction in Reliance's favour. The restriction will remain in force until December 16, 2025 Reliance told the court that it owns the “JIO” trademark and its variants, with registrations...
Importer Not Liable To Pay Customs Duty On Goods Not Received By Him: Bombay High Court Grants Refund
The Bombay High Court has held that an importer cannot be made liable to pay customs duty on goods that were never cleared for home consumption and were never received by the importer. The Court observed that, under Sections 13, 23 and 27 of the Customs Act, 1962, duty paid in anticipation of clearance becomes refundable once it is established that the goods were short-landed or lost before clearance.A division bench of Justices M.S. Sonak and Advait M. Sethna was hearing a petition filed by M/s...