Bombay High Court
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...
'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,...