Bombay High Court Weekly Round-Up: March 24 – March 30, 2025

National Agricultural Co-operative Marketing Federation of India Limited (NAFED) Versus Roj Enterprises (P) Limited and Ors., 2025 LiveLaw (Bom) 110

Narayan Pundalik Pathade v. Municipal Corporation of Greater Mumbai Through Its Commissioner, 2025 LiveLaw (Bom) 111

NTPC BHEL Power Projects Pvt. Ltd. Versus Shree Electricals & Engineers (India) Pvt. Ltd, 2025 LiveLaw (Bom) 112

Kailash Chandak vs State of Maharashtra, 2025 LiveLaw (Bom) 113

Suresh Raithatha Adult and Anr. VERSUS Bharti Navnit Raithatha, 2025 LiveLaw (Bom) 114

V C vs N C, 2025 LiveLaw (Bom) 115

Anudan Properties Private Ltd. vs Mumbai Metropolitan Region, Slum Rehabilitation Authority, 2025 LiveLaw (Bom) 116

Sawkash Autorickshaw Union vs State of Maharashtra, 2025 LiveLaw (Bom) 117

Mohammad Yusuf vs State of Maharashtra, 2025 LiveLaw (Bom) 118

Rahul Bacchav vs State of Maharashtra, 2025 LiveLaw (Bom) 119

Shaikh Sadique Isaq Qureshi vs State of Maharashtra, 2025 LiveLaw (Bom) 120

Fab Tech Works & Constructions Pvt. Ltd. vs Savvology Games Pvt. Ltd. & Ors., 2025 LiveLaw (Bom) 121

Judgments/Final Orders:

Court Must Assign Reasons For Accepting Or Rejecting Grounds Of Challenge U/S 34 Of Arbitration Act: Bombay High Court

Case Title: National Agricultural Co-operative Marketing Federation of India Limited (NAFED) Versus Roj Enterprises (P) Limited and Ors.

Citation: 2025 LiveLaw (Bom) 110

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh Patil has held that a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) cannot be dismissed merely by stating that the scope of interference is limited; the court must address each ground of challenge and provide reasoned findings.

Retired Employee Entitled To Interest On Delayed Retirement Benefits After Exoneration In Departmental Inquiry: Bombay HC

Case Title: Narayan Pundalik Pathade v. Municipal Corporation of Greater Mumbai Through Its Commissioner

Citation: 2025 LiveLaw (Bom) 111

 A Division Bench of Justices Ravindra V. Ghuge and Ashwin D. Bhobe ruled in favor of a retired Municipal Corporation employee, directing payment of interest on delayed retirement benefits. The court held that when retirement benefits are withheld due to pending inquiry and the employee is subsequently exonerated, interest becomes payable from the date following retirement. It clarified that the doctrine of restitution applies in such cases.

Benefit Of S.14 Of Limitation Act Extends To Delayed Filing Of Petition U/S 34 Of A&C Act Due To Prosecution In Good Faith In Another Court: Bombay HC

Case Title: NTPC BHEL Power Projects Pvt. Ltd. Versus Shree Electricals & Engineers (India) Pvt. Ltd

Citation: 2025 LiveLaw (Bom) 112

The Bombay High Court bench of Justices G. S. Kulkarni and Advait M. Sethna has held that the benefit of Section 14 of the Limitation Act, 1963 (Limitation Act) can be extended to the petitioner who committed delay in filing an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) due to the prevailing legal position at the time of filing, which was subsequently changed.

Bombay HC Quashes FIR Against Retd Professor Who Sent Obscene Message To Female Colleague, Claiming To Be Suffering From 'Mental Illness'

Case Title: Kailash Chandak vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 113

The Bombay High Court last week quashed a stalking case against a retired professor, who sent an 'obscene and objectionable' message to a female colleague, after noting that the accused was suffering from 'mental imbalance.' A division bench of Justices Sarang Kotwal and Shriram Modak noted that the complainant woman, too have given her consent to quash the First Information Report (FIR) that she lodged against him with the Malabar Hill Police station.

Arbitrator's Decision To Postpone Issue Of Partnership Firm's Dissolution To Stage Of Final Hearing Not Perverse: Bombay High Court

Case Title: Suresh Raithatha Adult and Anr. VERSUS Bharti Navnit Raithatha

Citation: 2025 LiveLaw (Bom) 114

The Bombay High Court bench of Justices A.S. Chandurkar and Rajesh S. Patil has held that the decision of the Arbitrator to postpone the issue of determining the date of dissolution of the partnership firm to the stage of final hearing cannot be considered perverse for the purpose of section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), as it requires evidence to be presented, which is necessary for such an issue to be decided.

Spouse Threatening To Commit Suicide And Attempting It Is Cruelty, Grounds To Seek Divorce: Bombay High Court

Case Title: V C vs N C

Citation: 2025 LiveLaw (Bom) 115

The Bombay High Court has held that a spouse threatening to commit suicide and even attempting the same, would amount to cruelty and it can be a ground for one to seek divorce under the Hindu Marriage Act. Justice RM Joshi dismissed the second appeal filed by a woman, who challenged a judgment of a Family Court, which had granted decree of divorce in favour of the husband with a finding that his wife subjected him to cruelty.

Statutory Obligation To Pay Transit Rent To Displaced Slum Dwellers Even If Developer Undergoes Insolvency Proceedings: Bombay High Court

Case Title: Anudan Properties Private Ltd. vs Mumbai Metropolitan Region, Slum Rehabilitation Authority 

Citation: 2025 LiveLaw (Bom) 116

In a significant ruling, particularly for slum dwellers and also developers, the Bombay High Court recently held that it is the 'statutory obligation' of the developer to pay the transit rent to slum dwellers, who await rehabilitation of their homes.

Single-judge Justice Amit Borkar upheld the termination of a developer, who was initially engaged for a rehabilitation scheme of a slum in Thane district, after noting that the developer - Anudan Properties Private Ltd. defaulted in paying transit rents to the slum dwellers, since 2019.

“Can Number Of Autos, Taxis Be Limited?”: Bombay HC Asks State's Transport Commissioner To Decide Challenge Against Open Licensing Policy

Case Title: Sawkash Autorickshaw Union vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 117

The Bombay High Court recently ordered Maharashtra's Transport Commissioner to decide whether the 'open licensing policy' for autorickshaws and taxis–which has been questioned by an autorickshaw union–can be stopped so as to limit the number of autos and taxis in the State.

'Only Conversant With Urdu': Bombay HC Quashes Detention Order Over Non-Supply Of Translated Documents To Detenue

Case Title: Mohammad Yusuf vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 118

The Bombay High Court recently quashed a detention order of a man after noting the fact that the detaining authority did not serve all the documents pertaining to his detention in 'Urdu' - the language he was only conversant with.

"78 Yrs Of Independence, People Are Educated & Wise": Bombay HC Permits Hindu Outfit To Felicitate Malegaon Blast Accused Pragya Thakur

Case Title: Rahul Bacchav vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 119

Observing that after 78 years of independence, the Indian population is wise and educated, the Bombay High Court on Friday permitted a Hindu organisation to organise "Viraat Hindu Sant Sammelan" and confer the "Hindu Veer Puraskar" on right-wing extremist Pragyasingh Thakur, a prime accused in the 2008 Malegaon Bomb Blasts case.

Giving Speeches Creating Legal Awareness, Training People How To Respond To Police Enquiries Not 'Anti-National' Activity: Bombay High Court

Case Title: Shaikh Sadique Isaq Qureshi vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 120

Merely giving speeches about legal awareness and making the members aware about their rights and how to respond when the police comes for an enquiry is not an 'anti-national' activity, the Bombay High Court held on Friday while ordering release of a member of the Popular Front of India (PFI).

A division bench of Justices Sarang Kotwal and Shriram Modak granted bail to Shaikh Sadique Isaq Qureshi, a member of PFI, who was booked for giving various speeches creating legal awareness, being in touch with other members of the PFI, who had prepared a 'roadmap' titled "Roadmap For Regaining Glory of Islam In India By 2047" by which it was aimed to convert India into an Islamic State.

Invocation Of Section 9 & Section 11 Of Arbitration Act Does Not Constitute Parallel Proceedings: Bombay High Court

Case Title: Fab Tech Works & Constructions Pvt. Ltd. vs Savvology Games Pvt. Ltd. & Ors.

Citation: 2025 LiveLaw (Bom) 121

The Bombay High Court single bench of Justice Somasekhar Sundaresan held that the mere invocation of Section 9 and Section 11 of the Arbitration and Conciliation Act, 1996 does not amount to parallel proceedings. Further, the High Court noted that Section 9 is intended to provide interim relief to safeguard the subject matter of arbitration. On the other hand, Section 11 is limited to the appointment of an arbitrator when there is a dispute regarding the arbitration agreement.

Other Orders/Observations:

Have Formed 12-Member Panel To Issue Guidelines Regulating Spas, Massage Centres & 'Cross-Gender' Massages: State Govt To Bombay HC

The Bombay High Court was on Friday informed that the Maharashtra government has constituted a committee of 12 members to formulate guidelines for regulating the operations of spas, massage centres, therapy and wellness centres across the State including 'cross-gender' massages.

'High-Handed' : Bombay High Courts Slams Nagpur Civic Body For Demolishing Homes Of Accused In Communal Violence

The Bombay High Court on Monday pulled up the Nagpur Municipal Corporation (NMC) for its 'high-handed' approach in razing the houses of the persons named as accused in the recent communal violence in the city.

Legal Education Rules Framed By BCI Not In Consonance With Advocates Act: Law College Tells Bombay High Court In Plea Opposing Inspection

The Bombay High Court on Monday, reserved its judgment in a petition filed by a law school against an inspection notice issued by the Bar Council of India (BCI). The petition filed in 2019 by Nathibai Damodar Thackersey Women's University Law School challenged the notice issued by the BCI for inspection of the college. The petitioner objected to the notice and argued that BCI does not have the power to inspect the college.

Bombay HC Directs Pollution Control Board To Hear Merchants' Representation On Charcoal Use In Bakeries Before Issuing Show Cause Notices

The Bombay High Court has directed the Maharashtra Pollution Control Board (MPCB) to grant a Charcoal Merchants Association an opportunity to be heard regarding the show cause notice being issued to various bakeries for using charcoal.

Bill To Regulate Coaching Centres Likely To Be Tabled Before State Assembly In Monsoon Session: Maharashtra Govt Tells Bombay High Court

In relation to a Public Interest Litigation (PIL) seeking regulation of coaching institutions, the State government told the Bombay High Court that it has prepared a draft bill on the issue and that the bill would likely be tabled before the State Legislative Assembly in the monsoon session.

Bombay HC Asks Bar Council To Clarify Stand On Complaints Filed Against Advocates For Appearing For Their Client, Calls It 'Serious & Larger Issue'

While noting that a mother and son duo had filed a complaint against an advocate who was representing their daughter/sister in her matrimonial dispute, the Bombay High Court recently ordered the Bar Council of Maharashtra & Goa (BCMG) to clarify its stance on the issue of litigants unnecessarily filing complaints against advocates and impleading them as respondents in writ petitions.

Dr Payal Tadvi's Mother Moves Bombay HC Challenging State's Decision To Remove Pradip Gharat As SPP, Says He Was Prosecuting Effectively

The mother of the late Dr Payal Tadvi has approached the Bombay High Court, challenging the removal of Pradip Gharat as a Special Public Prosecutor (SPP) in the case against doctors accused of abbetting Dr Payal's suicide.

Will Notify Rules On Regulating Public Gatherings And Agitations In Two Weeks: Maharashtra Govt Informs Bombay High Court

The Maharashtra Government told the Bombay High Court on Wednesday (March 26) that it has framed Rules under the Maharashtra Police Act to regulate public gathering, morchas and agitations.

Infant Deaths: Bombay High Court Forms Committee To Examine Medical Infrastructure In Nanded, Sambhaji Nagar Govt Hospitals

In a suo moto PIL concerning deaths in government hospitals in Nanded and Chhatrapati Sambhaji Nagar districts of Maharashtra, the Bombay High Court has formed a 5-member committee to visit government hospitals in the districts and prepare a report on the infrastructure and medical facilities available at these hospitals.