Bombay High Court Weekly Round-Up: April 14 – April 20, 2025

Prof Dr. Nikhil D. Datar vs. State Of Maharashtra, 2025 LiveLaw (Bom) 146

High Court of Judicature at Bombay on its own Motion vs. MCGM and Anr & Access to Hope vs. Brihanmumbai Electric Supply and Transport & Ors, 2025 LiveLaw (Bom) 147

SJK Buildcon LLP vs. Kusum Pandurang Keni & Ors, 2025 LiveLaw (Bom) 148

Bholashankar Ramsuresh Dubey Versus Dinesh Narayan Tiwari and Ors, 2025 LiveLaw (Bom) 149

Judgments/Final Orders:

Bombay HC Disposes PIL Seeking Implementation Of Mechanism For Enforcing Living Wills Upon Noting State's Compliance With SC Directives

Case Title: Prof Dr. Nikhil D. Datar vs. State Of Maharashtra

Citation: 2025 LiveLaw (Bom) 146

The Bombay High Court has disposed of a PIL that sought directions to ensure compliance with a Supreme Court order regarding a mechanism for enforcing 'living wills', taking into account the State government's submission that it has taken steps to comply with the Apex Court's directions. The PIL sought the proper implementation of the Supreme Court's directives on passive euthanasia in Common Cause v. Union of India (2023 LiveLaw (SC) 79).

Consider Disabled Persons Grievance On Accessibility At Bus Stops Expeditiously: Bombay HC To State Advisory Board

Case title: High Court of Judicature at Bombay on its own Motion vs. MCGM and Anr & Access to Hope vs. Brihanmumbai Electric Supply and Transport & Ors

Citation: 2025 LiveLaw (Bom) 147

The Bombay High Court on Thursday (April 17) asked has directed the State Advisory Board On Disability to expeditiously consider the grievances of differently abled people with respect to accessibility at bus stops. The PIL sought the implementation of the 'Harmonised Guidelines and Space Standards for Barrier Free Built Environment, 2021' concerning bus stops and terminals in Mumbai. 

Statutory Protection Under Maharashtra Rent Control Act Can't Be Circumvented By Invoking Arbitration Petition To Seek 'Speedy Eviction': High Court

Case Title: SJK Buildcon LLP vs. Kusum Pandurang Keni & Ors

Citation: 2025 LiveLaw (Bom) 148

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 (“the Act”) cannot be invoked to circumvent the statutory protection afforded to tenants under the Maharashtra Rent Control Act, 1999 (“Rent Act”). Interim measures under Section 9 must aid arbitral proceedings and cannot override or conflict with special statutory mechanisms under the Rent Act for eviction and redevelopment. 

Unless Serious Allegations Of Fraud Are Established, Parties Cannot Be Denied Reference To Arbitration U/S 8 Of A&C Act: Bombay HC

Case Title: Bholashankar Ramsuresh Dubey Versus Dinesh Narayan Tiwari and Ors

Citation: 2025 LiveLaw (Bom) 149

The Bombay High Court bench of Justice N. J. Jamadar has held that the dispute cannot be refused referral to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) based solely on mere allegations of fraud simpliciter, unless serious allegations of fraud that go to the root of the partnership deed containing the arbitration clause are established.

Other Orders/Observations:

Nagpur Civic Body Tenders "Unconditional Apology" For Defying Supreme Court Directive & Demolishing Houses Of Riots Accused

The Nagpur Municipal Corporation (NMC) on Tuesday offered an "unconditional apology" to the Bombay High Court for defying the orders of the Supreme Court in Re: Directions in the matter of Demolition of Structures, and demolishing the alleged illegal portions of the houses of the accused in the recent communal violence case. The NMC filed its affidavit before a division bench led by Justice Nitin Sambre, stating that it was unaware of the Supreme Court's ruling as neither the Maharashtra government nor the Nagpur civic body has issued the mandatory guidelines as directed by the Supreme Court.

BREAKING | Bombay HC Grants Interim Protection From Arrest To Kunal Kamra Till Decision On Plea To Quash FIR

The Bombay High Court on Wednesday (April 16) granted interim protection from arrest to comedian Kunal Kamra in his plea for quashing an FIR lodged against him following his satirical video and "gaddar" comment purportedly made against Maharashtra's Deputy CM Eknath Shinde.