Bombay High Court Sets Aside Order Denying IGST Refund To Lubrizol, Orders Fresh Consideration

The Bombay High Court has set aside an order rejecting a refund claim of IGST on export of services, holding that the authority failed to properly consider the petitioner's contentions and the nature of the agreements between the parties. A Division Bench comprising Justices G.S. Kulkarni and Aarti Sathe was hearing a writ petition filed by Lubrizol Advance Materials India Pvt. Ltd., which had challenged the rejection of its refund claim of Rs 56,11,885 for July 2024 on the ground that the...

Bombay High Court Dismisses NHAI Appeal Against Enhanced Compensation For Petrol Pump Land Acquisition

The Bombay High Court has dismissed the National Highways Authority of India's (NHAI) appeal, finding no patent illegality in the arbitral award enhancing compensation to a petrol pump owner after partial acquisition of land for highway expansion resulted in loss of business access. Justice Arun R. Pednekar upheld an arbitral award revising land compensation from Rs 595 to Rs 1,190 per square metre and granting compensation for loss of income, easementary rights, and business impact, while...

Bombay High Court Says Non-Signatory Mumbai Cricket Association Bound By Arbitration Clause In T20 Mumbai League Dispute

The Bombay High Court on Monday referred to arbitration a dispute over participation rights in the T20 Mumbai League between Jupicos Entertainment Pvt. Ltd. and league operator Probability Sports (India) Pvt. Ltd. The dispute relates to Jupicos' right to continue participating in the league through its team Shivaji Park Lions. The Court held that the Mumbai Cricket Association (MCA), under whose aegis the league is conducted, is bound by the arbitration agreement even though it is not a...

Bombay High Court Grants Ad-Interim Relief In Delhi Zaika Trademark Dispute After Breach Of Family Arrangement

The Bombay High Court has granted ad-interim relief to the restaurant chain Delhi Zaika in a trademark dispute involving family members, restraining Zidz Hospitality LLP and others from using the registered trademark “DELHI ZAIKA”, after noting that one of the defendants, who is the biological brother of the plaintiff, had earlier been permitted to use the mark only under a conditional arrangement. On March 11, 2026, Justice Sharmila U. Deshmukh observed, “The Plaintiff's proprietary right in...

Bombay High Court Upholds Arbitral Award In Mandovi Bridge Dispute, Says Former Employee Arbitrator Not Proof Of Bias

The Goa Bench of the Bombay High Court has dismissed an appeal filed by the State of Goa challenging an arbitral award passed in favor of U.P. State Bridge Corporation Ltd., holding that an arbitral award could not be set aside merely on the ground that one of the arbitrators nominated by the contractor had served as the Managing Director and consultant of the corporation. Justice Suman Shyam further observed that in the absence of material demonstrating actual bias or likelihood of...

Bombay High Court Grants Interim Injunction To Asian Paints Against Use Of “ASIA TUFF” For Paint And Wall Putty

The Bombay High Court has granted an interim injunction in favour of Asian Paints Limited, restraining a rival firm from using the mark “ASIA TUFF” for cement paint and wall putty. In an order dated March 13, 2026, Justice Sharmila U. Deshmukh observed that the rival marks show deceptive visual as well as phonetic similarity, giving rise to a strong likelihood of consumer confusion. The litigation had initially covered several product labels. During the proceedings, the defendants Tarun Paints...

Time Spent In Earlier Arbitration Must Be Excluded From Limitation After Award Set Aside: Bombay High Court

The Bombay High Court recently reiterated that when an arbitral award is set aside, the period between the commencement of the earlier arbitration and the date of the court's order is required to be excluded while computing limitation for initiating fresh arbitral proceedings. A single bench of Justice Sandeep V. Marne applied Section 43(4) of the Arbitration and Conciliation Act and relied on Supreme Court rulings in Arif Azim Co. Ltd v Aptech Ltd and SBI General Insurance Company Ltd v Krish...

Bombay High Court Temporarily Restrains Legends League Cricket Operator From Using PPL Songs Without Licence

The Bombay High Court has granted urgent ad interim protection to Phonographic Performance Limited (PPL), restraining Absolute Legends Sports Private Limited, the owner and operator of Legends League Cricket (LLC), from publicly performing its copyrighted sound recordings during its cricket matches without obtaining a valid licence. Absolute Legends Sports conducts Legends League Cricket, a T20 tournament featuring retired international players, and the music licensing body moved the Court...

IBC Moratorium Does Not Bar MPID Attachment Proceedings In NSEL Scam: Bombay High Court

The Bombay High Court recently held that the interim moratorium under the Insolvency and Bankruptcy Code cannot bar attachment proceedings initiated under the Maharashtra Protection of Interest of Depositors (MPID) Act in connection with the National Spot Exchange Limited (NSEL) payment crisis. A Division Bench of Justice A.S. Gadkari and Justice Shyam C. Chandak dismissed an appeal filed by Dulisons Cereals, a proprietorship firm through its proprietor Kanta Gupta, challenging an order of the...

Gujarat High Court Holds GST Order Against Pacific Cyber Technology Invalid For Overlooking Reply

The Gujarat High Court on 5 February set aside a GST detention and demand order passed against Pacific Cyber Technology Pvt. Ltd., observing that the adjudicating authority failed to consider the explanation submitted by the company regarding delay in movement of goods due to a technical fault in the vehicle. A Division Bench comprising Justice A.S. Supehia and Justice Pranav Trivedi held: “It appears that the appellate authority has not even remotely adverted to the explanation tendered by...

Bombay High Court Stays Multiple GST Notices On Leasehold Transfers Until Supreme Court Ruling

The Bombay High Court on 25 February granted interim protection to taxpayers facing GST proceedings on the assignment of leasehold rights, directing that recovery actions and adjudication of show cause notices be stayed until the Supreme Court of India decides the issue. A Division Bench of Justices G.S. Kulkarni and Aarti Sathe was hearing multiple writ petitions filed by companies challenging GST demands on the transfer or assignment of leasehold rights in industrial plots and buildings,...

Cash Seizure Without 'Reason to Believe' Violates CGST Act: Bombay High Court

The Bombay High Court on 10 March quashed the seizure of Rs. 1 crore in cash by the Directorate General of GST Intelligence (DGGI) from Smruti Waghdhare, holding the action arbitrary and without authority under the CGST Act. A Division Bench of Justice G.S. Kulkarni and Justice Aarti Sathe was hearing a writ petition challenging the seizure, under which Rs. 60 lakh was recovered from her premises and Rs. 40 lakh from her parents' residence during search operations. The judges held: “On a...