Bombay High Court Weekly Round-Up: January 27 – February 02, 2025

Nominal Index:

Sri Sathe Infracon Private Limited v. M/s Rudranee Infrastructure Ltd. & another, 2025 LiveLaw (Bom) 36

Nikhil Ranjwan vs State of Maharashtra, 2025 LiveLaw (Bom) 37

Asif Shaikh vs. State, 2025 LiveLaw (Bom) 38

Sachin Prakashrao Andure vs. State, 2025 LiveLaw (Bom) 39

Wonderchef Home Appliances Pvt. Ltd. vs Shree Swaminarayanan Pty Ltd., 2025 LiveLaw (Bom) 40

Court's on its own motion vs. State of Maharashtra Department of School Education, 2025 LiveLaw (Bom) 41

Amit Dholakia vs State of Maharashtra, 2025 LiveLaw (Bom) 42

Avinash Benewal vs State of Maharashtra, 2025 LiveLaw (Bom) 43

Judgments/Final Orders:

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court

Case Title: Sri Sathe Infracon Private Limited v. M/s Rudranee Infrastructure Ltd. & another

Citation: 2025 LiveLaw (Bom) 36

The Bombay High Court bench of Justice R. M. Joshi has held that compliance with Section 21 of the Arbitration and Conciliation Act, 1996 is mandatory and that the court cannot assume jurisdiction to appoint an Arbitrator under Section 11 unless a request for a reference of dispute is received by the respondent.

An Individual Can't Be Subjected To Preventive Detention Just Because They Participated In Political Rally Which Turned Violent: Bombay HC

Case Title: Nikhil Ranjwan vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 37

Just because an individual participated in a political rally and the same turned violent later will not be a ground to initiate preventive detention process against them, said the Aurangabad bench of the Bombay High Court while ordering the release of a man booked for participating in a rally demanding reservations to the Maratha Community.

A division bench of Justice Vibha Kankanwadi and Justice Rohit Joshi noted that the petitioner before it was booked in a First Information Report (FIR) lodged on October 31, 2023 for participating in a political rally demanding Maratha Reservation and subsequently, the rally turned violent.

[Muslim Man Forced To Chant Jai Shree Ram] Transferred FIRs To Another Police Station: Maha Govt Tells Bombay HC

Case title: Asif Shaikh vs. State

Citation: 2025 LiveLaw (Bom) 38

The Bombay High Court on Wednesday accepted the statement of the Maharashtra government that it has transferred First Information Reports (FIRs) lodged against a group of students, who were booked for allegedly assaulting a Muslim man and forcing him to chant "Jai Shree Ram."

Govind Pansare Murder Case: Bombay High Court Grants Bail To Six Accused

Case title: Sachin Prakashrao Andure vs. State

Citation: 2025 LiveLaw (Bom) 39

The Bombay High Court on Wednesday (January 29) granted bail to six men booked for the murder of communist party of India (CPI) leader Govind Pansare, who was allegedly shot down in August 2013.

While Commercial Speech Falls Within Free Speech, Contract Prohibit Adverse Remarks: Bombay HC Imposes 90-Day Injunction On Wonderchef's Distributor

Case Title: Wonderchef Home Appliances Pvt. Ltd. vs Shree Swaminarayanan Pty Ltd.

Citation: 2025 LiveLaw (Bom) 40

Observing that commercial speech is a part of 'free speech' guaranteed by the Constitution of India, the Bombay High Court imposed a 90-day injunction against an Australia-based distributor of Wonderchef Home Appliances, owned by Celebrity Chef Sanjeev Kapoor, from making any comments or communications which could harm the reputation of the company, due to a contractual clause preventing them from doing so.

'Open For State To Decide': Bombay High Court Disposes Suo Motu PIL On State Government's Proposed Cluster School Policy

Case title: Court's on its own motion vs. State of Maharashtra Department of School Education

Citation: 2025 LiveLaw (Bom) 41

The Bombay High Court on Wednesday (January 29) disposed of a suo motu PIL concerning the State Government's proposed 'cluster school policy'.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre noted Advocate General Birendra Saraf's stand that the State government has not taken any policy decision on its proposal. 

Charging Stations For E-Vehicles In Housing Societies Will Help Reduce Air Pollution: Bombay High Court Asks State To Finalise Legal Framework

Case Title: Amit Dholakia vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 42

Observing that charging stations for electric vehicles within society premises will help reduce the menace of air pollution, the Bombay High Court recently ordered the Maharashtra government to finalise its policy with regard to installation of charging points/stations with the housing societies, at the earliest.

A division bench of Justices Girish Kulkarni and Advait Sethna while dealing with a petition filed by a businessman living in Mumbai's plush Pedder Road area, noted that despite multiple communications and representations made by him, his society was not permitting him to install a charging station in his society premises, for his electric car.

'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies

Case Title: Avinash Benewal vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 43

The Bombay High Court while granting bail to a 'young adult' booked for assaulting a man along with his 'gang members', noted that he was merely 18 years old at the time of the incident and that he was studying in Class 12 and therefore, granted him bail observing that "he will be reformed if he goes back to his books."

Justice Milind Jadhav said keeping the accused behind bars would only make him a 'hardened criminal' as he would see his peers progressing in life and he is in jail.

Other Orders/Observations:

Bombay High Court Calls For Affidavit From State On Steps Taken To Fill Administrative Vacancies In Motor Accident Claims Tribunal

The Bombay High Court has directed the State government to file an affidavit on the steps being taken by it to fill up the administrative vacancies in the Motor Accident Claims Tribunal, Mumbai.

Maharashtra Govt Tells Bombay High Court It Has No Objection To Permitting Cross Gender Massages In Spa Centres, Will Issue Guidelines

The Maharashtra Government last week told the Bombay High Court that it has no objections to permit 'cross gender massages' in spa centres in the State and that it would soon come up with guidelines for regulating the operations of spas, massage centres, therapy and wellness centres.

Bombay High Court Takes Exception To Lawyers Coming To Court 'Unprepared'

The Bombay High Court on Tuesday (January 28) orally took exception to advocates not coming prepared for their matters, despite the same being listed for hearing.

Only 66% Budget Utilized For Medical Infrastructure By State Govt: Bombay HC Told In Suo Moto PIL On Deaths In 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 today orally questioned the State on why it was not utilizing the budget for developing medical infrastructure in the State.

Bombay High Asks State To File Affidavit On Progress Of Website For Functioning And Procedures Of Police Complaint Authorities

The Bombay High Court today directed the State government to file an affidavit outlining the progress made in developing a website containing relevant information on the functioning and procedures of Police Compliant Authorities in the State.

Bombay High Court Orders 'Social Audit' Of Civic-Run Maternity Homes After Woman's C-Section Was Done Under Mobile Torchlight

Months after a woman and her just delivered child died because the doctors at a civic nursing home in Mumbai performed the caesarean with a mobile torchlight, the Bombay High Court on Wednesday constituted a committee to conduct a 'social audit' of all the 30 maternity and nursing homes run by the Brihanmumbai Municipal Corporation (BMC).

Bombay High Court Issues Interim Order Prohibiting Sale And Immersion Of PoP Idols For Ganesh Maghi Festival

The Bombay High Court today (30 January) issued an interim order against the manufacture, sale and immersion of Plaster of Paris (PoP) idols for the upcoming Ganesh Maghi festival.

Bombay High Court Issues Notice On PIL Seeking Cancer Warning On All Alcohol Bottles

The Bombay High Court on Thursday (January 30) sought the stand of centre, state and FSSAI in a Public Interest Litigation (PIL) petition seeking cancer warning on all alcohol bottles.

Bombay High Court Appoints Ex-SC Judge To Resolve ₹5000 Crore Trademark Dispute Between Lodha Brothers

The Bombay High Court on Friday appointed former Supreme Court judge Justice RV Raveendran to mediate the Rs 5,000 crore trademark dispute between real estate giants and brothers - Abhishek Lodha and Abhinandan Lodha. This comes after the Lodha brothers consented to mediation.

Whether Grounds Of Arrest Must Be Furnished In Writing In Offences Other Than PMLA/UAPA? Bombay High Court Refers To Larger Bench

The Bombay High Court on Friday referred to a larger bench the issue whether grounds of arrest must be furnished to accused in writing in stringent offences like POCSO Act, MCOCA or the NDPS Act, similar to the position crystallised by the Supreme Court qua the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).