Bombay High Court
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...
Bombay High Court Sets Aside GST Notices Issued For Multiple Financial Years Together
The Nagpur Bench of the Bombay High Court has set aside two GST show cause notices issued to AR Traders after finding that the tax department had wrongly combined multiple financial years into single proceedings. A Division Bench of Jutsices Anil L. Pansare and Nivedita P. Mehta held that the GST law does not permit consolidation of multiple financial years in a single proceeding. The court said the notices issued to the firm did not follow the statutory framework governing tax...
Arbitral Tribunal Followed 'Unusual Process, Unknown to Law': Bombay High Court Sets Aside Award Against HPCL
The Bombay High Court has set aside a Rs 19.82 crore arbitral award against state-run Hindustan Petroleum Corporation Ltd., holding that the arbitral tribunal followed an “unusual process, unknown to law” and wrongly prevented the company from raising a defence that struck at the validity of the contract itself. Justice Sandeep V Marne said the arbitrator shut out HPCL from raising objections based on suppression and fraud after those facts came to light. This, the court said, was against the...
Bombay High Court Grants Interim Injunction Against 'SUPREMES GOLD' In Supreme Industries Trademark Suit
The Bombay High Court has temporarily restrained PVC pipe maker Moorthi Rabeha from using the mark “SUPREMES GOLD” after finding a prima facie infringement of Supreme Industries' “SUPREME” trademark.The order was passed on January 19, 2026, by Justice Sharmila U. Deshmukh while deciding an interim application in a suit filed by Supreme Industries alleging trademark and copyright infringement, as well as passing off, by the rival manufacturer. The Court observed that, “An average consumer would...
Bombay High Court Quashes Order In Vistex ITC Refund Case, Remands Issue For Holistic Review
The Bombay High Court has set aside an appellate order rejecting the refund of unutilised input tax credit (ITC) claimed by Vistex Asia Pacific Pvt. Ltd., holding that the appellate authority must examine ITC refund claims on export of services in light of the full service agreement and relevant circulars before treating a provider as an intermediary. The Court observed that a selective reading of clauses is insufficient and that the matter requires fresh and holistic consideration in accordance...
Bombay High Court Grants Relief to Y-NOT Films, Disallows Income Tax Refund Adjustment Beyond 20% Of Disputed Demand
Granting relief to Y-NOT Films LLP, the Bombay High Court reiterated that the Income Tax Department could not take the entire tax refund of a later year to recover an earlier tax demand that is still under appeal. The court said that in such situations, the tax department can normally adjust only 20% of the disputed amount, unless senior tax authorities specifically approve a higher recovery. A Division Bench of Justices B.P. Colabawalla and Firdosh P. Pooniwalla was hearing a petition filed...
Bombay High Court Temporarily Bars Zee Laboratories From Using “GLYZET” Mark, Imposes ₹50 Lakh Costs
The Bombay High Court has temporarily restrained Zee Laboratories and its associated entities from manufacturing, selling or marketing diabetes medicines under the mark “GLYZET,” holding that the mark is deceptively similar to “GLIMET,” a registered trademark used by Laboratoires Griffon Pvt. Ltd. for its anti-diabetic medicine.The Court has also imposed exemplary costs of ₹50 lakh on Zee Laboratories for adopting the disputed mark in breach of earlier Court orders and for making false...
Bar On Court Granting Interim Relief Once Tribunal Is Constituted Applies Even In Foreign Arbitration: Bombay HC
The Bombay High Court has refused to grant interim relief to a Singapore-based company, holding that once a foreign-seated arbitral tribunal is constituted, Indian courts should be slow in entertaining unless the party shows that the tribunal cannot provide an effective remedy.Justice Bharati Dangre clarified that this principle applies even to foreign-seated arbitrations. While Section 9 of the Arbitration and Conciliation Act (for interim relief) can be invoked in such cases, the bar...
Complete Assignment for Consideration Prevails Over Conditional Agreement for Transfer of Future Shares: Bombay High Court
The Bombay High Court upheld an arbitral award involving a long-standing family dispute over shares in a demerged company. Justice Somasekhar Sundaresan held the arbitral tribunal's decision—that a later sale to a bona fide purchaser takes precedence over an earlier conditional arrangement—to be a plausible and well-reasoned conclusion. Background: The dispute arose from intra-family transactions within the Somani family concerning entitlement to 9.06% equity shares of Shreeniwas House...