Bombay High Court
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...
'Karta' Personally Liable if HUF is Unable to Satisfy Arbitral Award: Bombay HC
The Bombay High Court has declared that a 'Karta' has a personal and unlimited liability for satisfying unpaid arbitral dues of a Hindu Undivided Family (HUF), thereby enabling creditors to proceed against the Karta's private assets without a separate decree.In a major boost for award creditors, the Bench of Justice R.I Chagla has held that the "seat court" retains the jurisdiction to execute an arbitral award and provide interim relief, even if the judgment debtor's assets are situated outside...
GST Refund Cannot Be Withheld Over Proposed Appeal: Bombay High Court
The Bombay High Court has held that GST authorities cannot refuse to comply with an appellate order directing a refund merely because an appeal against the order is contemplated. Such refusal is impermissible unless the appellate order is stayed or set aside. A Division Bench of Justice M. S. Sonak and Justice Advait M. Sethna was hearing a writ petition filed by Ma Agro Proprietor alleging non-compliance with an appellate order directing refund of GST along with interest. The court observed,...
IGST Refund Claims Cannot Be Rejected Under Omitted Law: Bombay High Court
The Bombay High Court has held that refund claims cannot be thrown out on the basis of a statutory rule that no longer exists and must be looked at afresh once such a rule is omitted (deleted) without any saving clause. The court set aside orders rejecting Integrated Goods and Services Tax refunds claimed by Kelvion India Private Limited and sent the matter back to the tax department for a fresh decision. A Division Bench of Justice M S Sonak and Justice Advait M Sethna noted that the...
Bombay High Court Restrains GetShaadi.com For Infringing Shaadi.com Trademark, Imposes ₹25 Lakh Costs
The Bombay High Court has permanently restrained the operators of www.getshaadi.com, a matrimonial and matchmaking website, holding that it infringes and passes off the trademark Shaadi.com.In a judgment delivered on January 6, 2026, Justice Arif S Doctor ruled in favour of People Interactive, which operates the popular matrimonial platform “Shaadi.com.” The court held that the rival operator's adoption and use of “getshaadi.com” for identical matrimonial and matchmaking services violated...