Bombay High Court Weekly Round-Up: June 20 To June 26, 2022

Nominal Index [2022 LiveLaw (Bom) 221 – 2022 LiveLaw (Bom) 232]Priya Rishi Bhuta & Anr. vs Vardhaman Engineers and Builders & Ors. 2022 LiveLaw (Bom) 221 Mr. Nikhil Shyamrao Bhamare vs State of Maharashtra and another 2022 LiveLaw (Bom) 222 Bhanushali Studios Ltd. & Ors vs Telegram Messenger LLP & Anr 2022 LiveLaw (Bom) 223 HMG Industries Ltd vs Canara Bank 2022 LiveLaw (Bom) 224 Raymond Ltd. & Anr vs New Sarnath Co-op. Hsg. Soc. Ltd. & Ors 2022 LiveLaw (Bom) 225 Anil Chandravadan Mistry vs The State of Maharashtra & Ors 2022 LiveLaw (Bom) 226 Mr. Sunil vs Union Bank of India 2022 LiveLaw (Bom) 227 M/s Angerlehner Structural and Civil Engineering Company vs Municipal Corporation of Greater Bombay 2022 LiveLaw (Bom) 228 Kaalkaa Real Estates Pvt. Ltd. & Anr vs Municipal Corporation of Gr. Mumbai & Ors 2022 LiveLaw (Bom) 229 M/s Halliburton Offshore Services Inc. vs The Union of India 2022 LiveLaw (Bom) 230 Shri. Kiran Damodar Paygode and Anr vs The Union of India represented by the General Manager 2022 LiveLaw (Bom) 231 Vijay and ors vs Ravindra Ghisulal Gupta 2022 LiveLaw (Bom) 232 Judgements/Orders 1. Mere Pendency Of A Civil Suit Is Not An Absolute Bar To A Petition Under Section 11 Of The A&C Act: Bombay High Court Case Title: Priya Rishi Bhuta & Anr. vs Vardhaman Engineers and Builders & Ors. Citation: 2022 LiveLaw (Bom) 221 The High Court of Bombay held that mere pendency of a Civil Suit is not an absolute bar to a petition under Section 11 of the A&C Act as long as the petitioner can withdraw its suit before the defendant files its statement on the issue. A single bench of Justice G.S. Kulkarni held that it is also permissible for the Civil Court to consider an application of the plaintiff to permit withdrawal of the suit when there is an arbitration agreement, and refers the parties for arbitration. The Court held the rights accrued to a party as the legal heir of its deceased parents in their estate are independent of its right which is recognized by a partnership deed as a legal heir of the deceased partners. 2. Bombay High Court Orders Release Of Pharmacy Student Held For Social Media Post Aimed Against NCP Supremo Sharad Pawar Case Title: Mr.Nikhil Shyamrao Bhamare vs State of Maharashtra and another Citation: 2022 LiveLaw (Bom) 222 The Bombay High Court granted bail to 21-year-old pharmacy student Nikhil Bhamre, who was arrested for defamatory posts allegedly aimed at NCP president Sharad Pawar. The division bench of Justices Nitin Jamdar and NR Borkar orally observed, "He is a student; he is in custody since a month. We will pass an order granting him bail." The Court further ordered that no coercive action be taken against him in cases he hasn't been arrested. 3. Bombay High Court Directs Removal Of Pirated Links Of "Janhit Mein Jaari" Film Produced By Bhanushali Studios Case Title: Bhanushali Studios Ltd. & Ors vs Telegram Messenger LLP & Anr Citation: 2022 LiveLaw (Bom) 223 The Bombay High Court passed a John Doe order directing police assistance in removing all links or pirated copies of the movie "Janhit Mein Jaari" in a copyright Infringement case filed producers Bhanushali Studios Ltd. Justice Riyaz Chagla granted ad-interim relief against unknown parties last week for removing unauthorised online links and pirated copies of the film online. The film starring actor Nushratt Bharuccha traces the journey of a woman on a mission to sell condoms in a small town in Madhya Pradesh amidst the social taboos around sex. 4. Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd vs Canara Bank Citation: 2022 LiveLaw (Bom) 224 The Bombay High Court held that even though a Scheme of Compromise entered into under Section 391 of the Companies Act, 1956 overrides all the agreements between the affected parties, arbitral proceedings cannot be imposed by a Company on a Debenture Trustee by virtue of the said Scheme only, in the absence of an arbitration agreement between them. A single bench of Justice A.K. Menon ruled that the Debenture Trustee was an independent obligation of the Company and thus, the arbitration clause contained in the Scheme was not binding on the Debenture Trustee. 5. Suit Against Raymond Ltd & Gautam Singhania : Bombay HC Allows Flatbuyers To Raise Plea That Building Constructed By Raymond Has No Occupancy Certificate Case Title: Raymond Ltd. & Anr vs New Sarnath Co-op. Hsg. Soc. Ltd. & Ors Citation: 2022 LiveLaw (Bom) 225 In a relief for flat purchasers of one of the two buildings constructed by Raymond Ltd in the 1960-70's, the Bombay High Court upheld certain amendments in a suit filed against the company and its chairman Gautam Singhania. The amendments to the plaint ...

Bombay High Court Weekly Round-Up: June 20 To June 26, 2022

Sharmeen Hakim

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