Bombay High Court

18th Feb, 2024

Fraud not being arbitrable due to complexity of evidence is an archaic view and has now become obsolete in view of the contemporary arbitration practice.

In the matter of Nilesh Shejwal vs. Agrowon Agrotech Industries Pvt. Ltd., Commercial Arbitration Petition No. 14/2022 decided by the Hon’ble Bombay High Court on 05.01.2024.   Facts of the case–   The Respondent terminated […]
13th Feb, 2024

Individual / minority members of a Co-operative housing society cannot invoke arbitration clause in a development agreement.

In the matter of Ketan Champaklal Divecha vs. DGS Township Pvt. Ltd. & Anr., Arbitration Application (L) No. 21860/2023 decided by Hon’ble Bombay High Court on 02.01.2024. Facts of the case– A development agreement was […]
13th Feb, 2024

Children cannot claim any legal right over the property of a Parent during their lifetime.

In the matter of Dinesh Bhanudas Chandanshive vs The State of Maharshtra & Ors in WP(C) 7392 OF 2021 decided on 30.01.2024 by the Division bench of the Hon’ble High Court of Bombay   FACTS: […]
21st Feb, 2023

No clash of interest involved when the adjudicating Arbitrator had accepted brief of party’s lawyer in an unrelated matter previously

In the matter of Quess Corp versus Netcore Cloud Pvt Ltd (Arbitration Petition (L) No. 24705 OF 2022) decided by the Hon’ble Bombay High Court on 17.01.2023   FACTS: After certain disputes arose between the […]
20th Feb, 2023

Arbitration clause wherein a party is forced to choose an arbitrator from a panel decided by another party falls foul of Section 12(5) r/w Schedule VII of A&C Act

The Hon’ble Bombay High Court vide its judgment dated 27.01.2023 in the matter of “PSP Projects Limited vs. Bhiwandi Nizampur City Municipal Corp., Arbitration Petition No. 89/2021” had the occasion to decide whether arbitration clauses […]
20th Feb, 2023

Reference under Section 18(1) of MSMED Act would override Arbitration Agreement between parties

In the matter of Bajaj Electricals Limited versus Chanda S. Khetawat & Anr. (Arbitration Application No. 2/2022) decided by the Hon’ble Bombay High Court on 16.01.2023. FACTS: The applicant, Bajaj Electricals Limited, issued Purchase Orders […]
13th Jan, 2023

Complainant putting date on cheque without drawer’s consent renders instrument void

In the matter of M/s. Pinak Bharat and Company v. Anil Ramrao Naik (Criminal Appeal Nos. 1630 and 1631 of 2011) decided on 22.12.2022 by the Hon’ble Bombay High Court.   FACTS: The appellant is […]
15th Nov, 2022

Institution of an Arbitration proceedings without authority is not a curable defect.

In the matter of Sushma Arya and Ors Vs. Palmview Overseas Ltd. and Ors., Comm. Arbitration petition (L) No. 25249 of 2022, decided by Hon’ble Bombay High Court on 01.11.2022 Facts of the case- When […]
22nd Sep, 2021

Bombay High Court Quashes certain provisions of the Consumer Protection Rules, 2020

The Central government suffered yet another set-back with respect to selection of Tribunal members when the Bombay High Court quashed certain provisions of the Consumer Protection Rules, 2020 in Vijay Kumar Bhima v. Union of […]
18th Sep, 2021

Women not re-married on the day of husband’s death is entitled to share in husband’s property

The Nagpur Bench of the Bombay High Court in Jaiwanti Bai v. Sunanda in Second Appeal No. 144 of 2007was called upon to interpret Section 24 of the Hindu Succession Act, 1956 which bars the […]
10th Sep, 2021

Appeal at the stage of admission, needs to be admitted or rejected fully and not partly

An interesting question arose before the Nagpur Bench of the Bombay High Court in the case of Executive Engineer v. Manik Panjabrao concerning the part admission of the appeal under Section 96 of the Code […]
3rd Sep, 2021

BOMBAY HIGH COURT REFUSES ANTI SUIT INJUNCTION IN DIVORCE PROCEEDINGS

In a significant judgement in the case of Milind Ashok Kalmakar v. Sheetal Milind Kalmakar [W.P. No. 3773 of 2021], Bombay High Court refused to grant anti suit injunction for restraining the wife from instituting […]