Bombay High Court Weekly Round-Up: February 10 – February 16, 2025

Nominal Index:

Ashok S/O Ruprao Yende vs. Bar Council Of India, 2025 LiveLaw (Bom) 51

Shyamkumar Tulsilal Warnawal vs State of Maharashtra, 2025 LiveLaw (Bom) 52

Adani Electricity Mumbai Infra Ltd vs, Union Of India & Ors, 2025 LiveLaw (Bom) 53

Ritik Millil vs State of Maharashtra, 2025 LiveLaw (Bom) 54

Ruzbeh Dossabhoy Raja vs. State of Maharashtra & Ors., 2025 LiveLaw (Bom) 55

Maharashtra Public Service Commission Versus Vast India Pvt. Ltd., 2025 LiveLaw (Bom) 56

Gunwant Tarachand Jain @ Nikesh Madhani vs State of Maharashtra, 2025 LiveLaw (Bom) 57

Dharmendra Kumar vs. Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Ors, 2025 LiveLaw (Bom) 58

Datta Ranba Adode v.s State Of Maharashtra And Ors, 2025 LiveLaw (Bom) 59

Lords Inn Hotels and Resorts Versus Pushpam Resorts LLP and Ors., 2025 LiveLaw (Bom) 60

Executive Engineer National Highway Division Versus Sanjay Shankar Surve & Ors, 2025 LiveLaw (Bom) 61

Keller Ground Engineering India Private Limited Versus Archon Powerinfra India Pvt. Ltd. & Ors., 2025 LiveLaw (Bom) 62

Mohammed Ajaan Khan vs State of Maharashtra, 2025 LiveLaw (Bom) 63

Hindustan Unilever Limited vs. Ashok Kumar Unknown Persons in Maharashtra, 2025 LiveLaw (Bom) 64

Ganesh Mendarkar vs State of Maharashtra, 2025 LiveLaw (Bom) 65

Judgments/Final Orders:

"Why Shouldn't BCl Check?": Bombay High Court Refuses To Entertain PIL Challenging Circular On Criminal Background Checks For Law Students

Case title: Ashok S/O Ruprao Yende vs. Bar Council Of India

Citation: 2025 LiveLaw (Bom) 51

While hearing a PIL challenging a Bar Council of India Circular mandating a criminal background check system for law students, the Bombay High Court on Monday (February 10) orally remarked that it did not find anything illegal with the circular before dismissing the petition as withdrawn.

Remarking that the petitioner was “foreclosing the right of aggrieved persons”, the Court orally remarked that it would impose heavy costs on the petitioner. The petitioner then sought the liberty to withdraw the petition. The Court thus dismissed the petition as withdrawn.

Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'

Case Title: Shyamkumar Tulsilal Warnawal vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 52

The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.

The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and Additives) Regulations 2011 and also the Food Safety Standards (Contaminants, Toxins and Residues) Regulations, 2011.

Bombay High Court Permits Adani Electricity To Cut Mangroves For Power Transmission Project Near Vasai Creek

Case title: Adani Electricity Mumbai Infra Ltd vs, Union Of India & Ors

Citation: 2025 LiveLaw (Bom) 53

The Bombay High Court has permitted Adani Electricity Mumbai Infra Ltd to cut 209 mangroves for setting up an electricity transmission line near the Vasai creek for the supply of electricity to Mumbai and the suburbs around it.

The Court remarked the HVDC project is critical for Mumbai as the existing capacity of the transmission corridor is not sufficient to carry further power into the city and that the project would enable additional power to be supplied to Mumbai to meet the increasing energy demands of the city.

Bombay High Court Grants 'A Chance' To Rape Accused To 'Reform and Repent'; Grants Bail To Man Booked For Raping Minor Cousin

Case Title: Ritik Millil vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 54

The Bombay High Court recently while granting bail to a 20-year-old man booked for raping his minor cousin, said it wants to give a chance to the accused to 'repent, retrospect' and 'be remorseful.'

Single-judge Justice Milind Jadhav said when the accused undertrials are 'young' then the courts must 'take a chance' by adapting to a 'reformative' approach instead of a 'punitive' approach.

Bombay HC Disposes PIL Over Cyber Attacks On Official State Websites, Notes Petitioner Willing To Give Suggestions To Cyber Department

Case title: Ruzbeh Dossabhoy Raja vs. State of Maharashtra & Ors.

Citation: 2025 LiveLaw (Bom) 55

The Bombay High Court has disposed of a PIL concerning cyber-attacks impacting the official websites of the State government and its departments, noting that the petitioner is willing to provide suggestions to the concerned authorities on preventing cyber attacks on State government websites.

Mandate Of Facilitation Council Is Not Terminated Even If It Fails To Render Award Within 90 Days U/S 18(5) Of MSME Act: Bombay High Court

Case Title: Maharashtra Public Service Commission Versus Vast India Pvt. Ltd.

Citation: 2025 LiveLaw (Bom) 56

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the mandate of the MSME Facilitation Council (Council) cannot be terminated merely on the ground that it failed to render an award within 90 days under section 18(5) of the Micro, Small and Medium Enterprises Development Act, 2006 (“MSME Act”) from the date of entering reference as this time period is directory in nature.

Grounds Of Arrest Served To Accused After Four Minutes Of Actual Arrest Is Not Unreasonable: Bombay High Court

Case Title: Gunwant Tarachand Jain @ Nikesh Madhani vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 57

The Bombay High Court on Wednesday held that conveying grounds of arrest within four minutes of arresting an individual was 'reasonable' and the same does not violate any fundamental right of the accused.

Single-judge Justice Dr Neela Gokhale was hearing a petition filed by a rape accused challenging his arrest arguing that he was not served with the 'grounds of arrest' in written, within a reasonable time and thus, his arrest was 'illegal.'

Bombay High Court Upholds Rules Prescribing Limit On Civil Services Attempts For Persons With Benchmark Disability Based On Caste Status

Case title: Dharmendra Kumar vs. Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel & Ors

Citation: 2025 LiveLaw (Bom) 58

The Bombay High Court has dismissed a petition challenging Rule 3 of the Civil Services Examination Rules 2024 which grants Persons with Benchmark Disability (PwBD) under the General/Economically Weaker Section /Other Backward Classes (GL/EWS/OBC) category 9 attempts, while providing unlimited attempts to those belonging to SC/ST category.

A division bench of Justice Bharati Dangre and Jusitce Ashwin D. Bhobe rejected the petitioner's contention and emphasized the distinct status of SC/ST in the Constitution. The Court noted that while the reservations to PwBD under the Persons with Disabilities Act, 2016 is a 'horizontal reservation', the reservation provided to SC/ST and OBC under the constitution is a 'vertical reservation'. The Court was of the view that though PwBD is a distinct class since it is a horizontal reservation, it would cut across the vertical reservation provided to SC/ST candidates.

Bombay High Court Asks State To Make Palghar District Consumer Forum Functional Within 4 Weeks

Case title: Datta Ranba Adode v.s State Of Maharashtra And Ors

Citation: 2025 LiveLaw (Bom) 59

The Bombay High Court today disposed of a PIL that sought the establishment of the District Consumer Forum in the Palghar District, noting that the Consumer Forum has already been set up by the State government.

When There Is Ambiguity In Arbitration Agreement, Business Efficacy Test Can Applied To Discern Intent Of Parties To Arbitrate: Bombay High Court

Case Title: Lords Inn Hotels and Resorts Versus Pushpam Resorts LLP and Ors.

Citation: 2025 LiveLaw (Bom) 60

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that when there is an ambiguity in the agreement with respect to arbitration related provisions, the business efficacy test can be applied to discern true intent of the parties to arbitrate.

Limitation For Appeal U/S 37 Of Arbitration Act Is Governed By Article 116 Of Limitation Act, Delay Not To Be Condoned In Mechanical Manner: Bombay HC

Case Title: Executive Engineer National Highway Division Versus Sanjay Shankar Surve & Ors

Citation: 2025 LiveLaw (Bom) 61

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the delay in filing an appeal under section 37 of the Arbitration and Conciliation Act,1996 (“Arbitration Act”) should not be condoned in a mechanical manner as it would defeat the very objective of the Arbitration Act which is to provide a speedy resolution of disputes.

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

Case Title: Keller Ground Engineering India Private Limited Versus Archon Powerinfra India Pvt. Ltd. & Ors.

Citation: 2025 LiveLaw (Bom) 62

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) in absence of any contrary indicia indicating any other place to be the seat of arbitration.

Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

Case Title: Mohammed Ajaan Khan vs State of Maharashtra

Citation: 2025 LiveLaw (Bom) 63

The Bombay High Court on Thursday (February 13) while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl.

Special Receiver Is 'Agent' Of Court, Must Be Given Immediate Assistance By Police For Executing Court Orders: Bombay HC

Case title: Hindustan Unilever Limited vs. Ashok Kumar Unknown Persons in Maharashtra

Citation: 2025 LiveLaw (Bom) 64

In relation to an IPR suit, the Bombay High Court flagged the issue of police officers failing to provide assistance to additional special receivers (who report to court receivers), observing that they are agents of the court who execute ex-parte ad interim orders and so must be given effective immediate assistance by the police machinery.

'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs

Case Title: Ganesh Mendarkar vs State of Maharashtra 

Citation: 2025 LiveLaw (Bom) 65

The Bombay High Court on Friday (February 14) while granting bail to a man who spent more than nine years in jail, stressed on the long-term negative effects due to long incarceration on the physical and mental health of an individual.

Other Orders/Observations:

'Must Go Through What It Feels To Not Get Salary': Bombay HC Stops Salary Of Zilla Parishad CEO Upon Failure To Pay Teachers

In a significant order, the Bombay High Court after noting that the payments of some teachers were not paid despite clear orders, directed the Maharashtra government to stop the salary of the Chief Executive Officer (CEO) of the Solapur Zilla Parishad, for a month. A division bench of Justices Ravindra Ghuge and Ashwin Bhobe orally said the CEO too must go through what it feels like not getting the salary.

Writ Petitions Being Filed Against Execution Orders Passed Under Maharashtra Co-Operative Societies Act, Generating Litigation: Bombay HC

In relation to the Maharashtra Co-operative Societies Act, 1960, the Bombay High Court on Monday (February 10) orally remarked that the Act seems to be generating litigation before the court and that it would interact with the Advocate General on the issue.

Plea In Bombay High Court Seeks Probe Into Alleged ₹16.6 Crore Fraudulent Bank Guarantees In Thane-Borivali Twin Tunnel Project

A Public Interest Litigation (PIL) has been filed in the Bombay High Court seeking an investigation by CBI or SIT into the alleged bank fraud guarantees accepted by the Mumbai Metropolitan Region Development Authority (MMRDA) from a private company, Megha Engineering Infrastructure Ltd (MEIL), for the construction of a Twin Tube Road Tunnel between Thane and Borivali worth around Rs.16,600.40 crore.

Bombay HC Issues Notice On Marathi Actor Urmila Kothare's Plea For Transfer Of Probe In Accident Case; Directs Preservation Of CCTV Footage

Popular Marathi actor Urmila Kothare, whose speeding car hit a labourer and killed him in December 2024, has approached the Bombay High Court seeking transfer of the probe to the Crime Branch of the Mumbai Police.