Bombay High Court
Bombay High Court Stays DGFT Notification Changing Classification Of Roasted Areca Nuts; DGFT Issues Fresh Notification
The Bombay High Court has granted a stay on the Notification issued by the DGFT (Directorate General of Foreign Trade) seeking to alter the classification of “Roasted Areca Nuts”. Subsequently, on 15th October, 2025, the DGFT, having realised the mistake, issued a fresh Notification rectifying the same. Justices B.P. Colabawalla and Amit S. Jamsandekar were addressing a...
Consumer Complaint Is Not Maintainable Against Corporate Debtor During Subsistence Of Moratorium: Bombay High Court
The Nagpur Bench of the Bombay High Court, comprising of Justice M.M. Nerkiar, has held that the consumer complaint before the District Consumer Dispute Redressal is not maintainable if the insolvency of the corporate debtor has been admitted during the continuance of the moratorium. The petition was filed against the order of the District Consumer Dispute Redressal. In the...
State Govt Took No Effective Steps For 30 Years: Bombay High Court Constitutes High Power Committee To Protect Sanjay Gandhi National Park
Considering that since last 30 years, the Maharashtra Government has failed to protect the Sanjay Gandhi National Park (SGNP) at Mumbai's Borivli area, the Bombay High Court recently appointed a High Power Committee (HPC) under former Allahabad High Court Chief Justice (retd.) Dilip Bhosale, to suggest measures to the State to protect that forest region.A division bench of Chief Justice...
Banks Cannot Be Directed To Accept OTS Proposals Or Disclose Evaluation Criteria: Bombay High Court
The Bombay High Court recently affirmed that it cannot compel banks to accept One Time Settlement proposals or disclose the internal benchmarks used to evaluate such proposals, emphasizing that these decisions rest within the commercial wisdom of the bank.A division bench of Justices Anil S Kilor and Rajnish R Vyas in an order passed on October 17, 2025, observed, "It is clear that no...
Bombay High Court Allows Tata AIG Insurance's Appeal Against Compensation Award To Claimant With Income Exceeding ₹40,000
The Bombay High Court has held that an application for compensation under Section 163A of the Motor Vehicles Act, 1988, cannot be entertained without verifying that the annual income of the claimant does not exceed Rs. 40,000. The Court observed that the benefit of the structured formula under Section 163A is restricted to a specific class of victims and cannot be claimed by persons whose...
Order Terminating Proceedings For Non-Payment Of Arbitral Fees Can Be Challenged U/S 14 A&C Act, Not Through Writ Petition: Bombay HC
The Bombay High Court held that when the arbitration proceedings are terminated under section 38(2) of the Arbitration and Conciliation Act, 1996 (Arbitration Act) for non-payment of arbitral fees, the proper remedy is to file application under section 14 of the Arbitration Act and not a writ petition. Justice Manish Pitale held that “in situations where the arbitral proceedings...
Bombay HC Calls For Overhaul In Verification Process For Slum Schemes, Flags 'Ease' With Which False Documents Are Used To Claim Benefits
The Bombay High Court has called for a comprehensive overhaul of the document verification process in slum rehabilitation schemes, expressing concern over the ease with which false and fabricated documents are used to claim benefits. The Court also imposed a cost of ₹5,00,000 on the petitioner for suppression of facts and abuse of the process of law.A Division Bench of Justice A.S. Gadkari...
Bombay High Court Directs Dept To Pay ₹71.31 Lakh Interest On Refund Of Illegal IGST Collected Under RCM On Ocean Freight
The Bombay High Court has directed the department to pay Rs. 71.31. Lakh interest on refund of illegal IGST (Integrated Goods and Services Tax) collected under RCM (Reverse Charge Mechanism) on ocean freight. Justices M.S. Sonak and Advait M. Sethna stated that admittedly, the Petitioner had paid the amount of IGST which the respondents utilized up to the date of grant of refund....
Bombay High Court Directs WhiteHat Jr To Secure Rs 80.35 Lakh Arbitral Award In Favor Of Former Employee
The Bombay High Court has recently ordered WhiteHat Education Technology Pvt. Ltd. (popularly known as WhiteHat Jr), a subsidiary of embattled ed-tech Byju's, to secure an arbitration award of Rs 80.35 lakh in favour of its former employee, Prashant Singh.The award was granted in an employment dispute following Singh's sudden termination from the company. The Court also directed the...
SARFAESI Act | Lending Banks Only Obligated To Consider Revival Scheme For NPA MSMEs If Borrower Claims Relief U/S 13(3A): Bombay High Court
The Bombay High Court bench, comprising Justice Suman Shyam and Justice Manjusha Deshpande, has held that the lending bank is obligated to consider the MSME revival scheme for classification of account as NPA only if it has been claimed by the MSME in response to the demand notice under Section 13(3A) of the SARFAESI Act. The petitioner's MSME unit took certain loans from ICICI Bank...
Bombay High Court Quashes Acquisitions Under Maharashtra Slum Act Without Recognising Developler's Preferential Rights
The Bombay High Court has quashed the acquisition of private land under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, holding that the authorities acted without considering the developer's preferential right to redevelop the property. The Court observed that such actions violate the property rights guaranteed under Article 300A of the Constitution and...
'Remedy U/S 6 Of Specific Relief Act Cannot Be Granted To Person Having No Intention To Reside In Suit Premises': Bombay High Court
The Bombay High Court has held that relief under Section 6 of the Specific Relief Act, 1963, which provides protection of possession, cannot be granted to a person who has no bona fide intention of residing in the suit premises. The Court emphasised that equitable relief under Section 6 must be exercised in favour of a person with a genuine intent to enjoy the property and not for...