Bombay High Court
Bombay High Court Sets Aside Arbitral Award Against Investors, Says Participation In Regulatory Proceedings Is Not “Forum Shopping”
The Bombay High Court recently set aside an arbitral decision that had rejected investors' claims against Central Depository Services (India) Limited (CDSL), on the grounds of alleged forum shopping, by declaring that involvement in regulatory proceedings does not bar independent arbitration remedies. Allowing a petition under Section 34 of the Arbitration and Conciliation Act, 1996, Justice Sandeep V. Marne on 23rd December, 2025 concluded that the arbitral panel had "egregiously erred" by...
Bombay High Court Upholds 18% Interest Levy On Delayed VAT Payment, Says Interest Levied Automatically Once Payment Is Delayed
The Bombay High Court at Goa has dismissed a writ petition filed by United Spirits Ltd. challenging the levy of interest on delayed payment of VAT on sales of Extra Neutral Alcohol (ENA), Rectified Spirit (RS) and High Bouquet Spirit (HBS) for the financial year 2019–20. A Division Bench of Justices Bharati Dangre and Ashish S. Chavan held that interest under Section 25(4) of the Goa Value Added Tax Act, 2005 is compensatory in nature and becomes automatically payable once tax is not...
Can't Portray Women In Fashion Which Affects Their Privacy: Bombay High Court Orders Removal Of Shilpa Shetty's Unauthorised Photos, Videos
Observing that no person, especially a woman can be portrayed in a fashion which affects their right to privacy and right to live with dignity under Article 21 of the Constitution of India, the Bombay High Court on Friday ordered the Union Ministry of Electronics and Information Technology (MeitY) to pull down all the photos and videos of Bollywood actress Shilpa Shetty from various websites and social media platforms, most of which are created using Artificial Intelligence (AI) and are being...
Bombay High Court Annual Tax Digest: 2025
Direct TaxNotice Issued To Non-Existing Entity Post-Merger Is Substantive Illegality, Dept Cannot Cite Technical Glitch: Bombay High CourtCase Title: City Corporation Limited v. Assistant Commissioner of Income Tax CircleCase Number: WRIT PETITION NO. 6076 OF 2023The Bombay High Court stated that notice issued to a non-existing entity post-merger is a substantive illegality and not some procedural violation.“we cannot condone the fundamental error in issuing the impugned notices against a...
PPL Sues Kapil Sharma, Producers Over Alleged Unauthorised Music Use In Netflix's The Great Indian Kapil Show
Phonographic Performance Limited (PPL), a copyright society representing sound recording owners, has moved the Bombay High Court alleging unauthorised use of its music in Netflix's comedy show The Great Indian Kapil Show. It has sought urgent interim relief to stop further use of its copyrighted sound recordings. The matter was listed on Wednesday before a single-judge Bench of Justice Sharmila U. Deshmukh on Wednesday who sought replies from the show's makers. The court is expected to consider...
Bombay High Court Declines To Temporarily Injunct Use Of 'Saat Samundar Paar' In Upcoming Dharma Film
The Bombay High Court on Tuesday declined to grant ad‑interim relief to Trimurti Films Pvt. Ltd. in a copyright infringement suit concerning the use of the song “Saat Samundar Paar” in the upcoming Hindi film 'Tu Meri Main Tera Main Tera Tu Meri'. The court has refused to injunct the use of the song in the upcoming Dharma Products movie slated for a Christmas Release.A single judge Bench of Justice Sharmila U Deshmukh passed the order while hearing an ad‑interim application by Trimurti Films,...
Bombay High Court Rejects Mumbai Metro's Arbitration Request Application, Rules Settlement Agreement Supersedes Original Contract
The Bombay High Court recently rejected the Mumbai Metro One Private Limited's (MMOPL) request to have its dispute with Hindustan Construction Company (HCC) resolved by way of arbitration. The Court deciding that the arbitration clause in the original contract no longer applies to new issues emerging from the settlement, ruled that once a "full and final" settlement agreement is executed, it supersedes the original contract. Justice Abhay Ahuja, on 18th December, 2025 stating that “the...
Res Judicata Not Attracted Where Issue Was Not Framed In Earlier Proceedings: Bombay High Court Partially Modifies Arbitral Award
The Bombay High Court has held that res judicata does not apply where the issue in earlier proceedings was neither framed nor directly adjudicated and that the court exercising jurisdiction under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can modify an award by reducing the rate of interest where bad part of an award is severable from the good one. Justice Sandeep V. Marne observed: “Mere reasons recorded in a previous round of litigation for deciding...
Bombay High Court Quashes ₹173.72 Cr Arbitral Award Against Thermax, Holds Arbitrator's Findings To Be Based On Lack Of Evidence
The Bombay High Court has recently set aside an arbitral award that mandated engineering giant Thermax Limited to pay ₹173 crore in favor of Rashtriya Chemicals & Fertilizers Ltd. (RCF). The award primarily directed payments towards the additional costs RCF incurred for power due to failure of gas turbine generators. Considering a challenge under Section 34 of the Arbitration and Conciliation Act, the Bench comprising of Justice R.I Chagla, determined that the findings of the arbitral...
Service Tax | Pairing & Testing Smart-Cards For Set-Top-Boxes Qualifies As Job Work: Bombay High Court Allows Credit
The Bombay High Court has upheld the Mumbai Tribunal's decision allowing Dish TV to retain CENVAT Credit on imported smart cards, which were used for testing and pairing with Set Top Boxes. A Division Bench comprising, Justice Vibha Kankanwadi and Justice Hiten S. Venegavkar dismissed the appeal filed by the Service Tax Department against order by the Mumbai, Customs, Excise and Service Tax Appellate Tribunal (CESTAT) that after verifying accounting records held in favour of Dish TV....
Bombay High Court Denies Interim Relief To Chinese Restaurant House of Mandarin In 'HOM' Trademark Dispute
The Bombay High Court has refused interim relief to a Mumbai Chinese cuisine restaurant, House of Mandarin, in a trademark infringement and passing off suit over the use of the mark “HOM.” By an order dated December 19, 2025, Justice Sharmila U Deshmukh held that no prima facie case was made out. The court said House of Mandarin failed to show that the acronym “HOM” had acquired independent goodwill or public recognition capable of causing consumer confusion. It observed, “To extend the...
Claimant Can Pursue Alternate Remedy For Severed Part Of Award Without Limitation Bar: Bombay High Court
The Bombay High Court has held that time spent in earlier arbitral proceedings can be excluded while computing limitation, even if only part of an arbitral award is set aside and fresh proceedings arise from a different agreement. A single bench of Justice Sandeep V Marne, in an order dated December 17, 2025, said Section 43(4) of the Arbitration and Conciliation Act allows exclusion of such time as long as the dispute formed part of the earlier arbitration. “When claimant in such a case...