The Bombay High Court resumed its regular operations today, Monday, January 5, 2026, following the winter vacation. The first day of the new term was marked by a heavy docket featuring significant constitutional challenges, environmental disputes, and the final deadline for a massive recruitment drive.
1. High Court vs. BMC: Protection of Judicial Independence
In the most high-profile matter of the morning, a Division Bench led by Chief Justice Shree Chandrashekhar and Justice Ashwin D. Bhobe heard the first item on the board regarding the drafting of court staff for election duty.
- The Conflict: The Brihanmumbai Municipal Corporation (BMC) had issued orders requiring High Court and subordinate court employees to report for civic poll duties.
- The Stand: The Bench reiterated that judicial staff are under the exclusive superintendence of the High Court under Article 235 of the Constitution.
- Status Update: The court had previously restrained the BMC from taking action against staff. Today, the Municipal Commissioner was required to file a personal affidavit explaining the legal authority used to bypass the High Court’s administrative control.
2. Environmental Alert: Approval for Mangrove Felling
The court is facing intense pushback from environmental groups today following its decision to allow the clearing of nearly 45,000 mangroves in Mumbai’s northern stretch.
- The Project: The felling is for the Versova–Bhayander Coastal Road, a 26-km extension aimed at reducing travel time from two hours to 20 minutes.
- The Controversy: Activists highlighted today that while the Supreme Court recently stayed decisions affecting the Aravallis, the Bombay High Court has permitted this massive ecological loss.
- The Catch: The court has mandated “compensatory afforestation” to happen in Chandrapur—nearly 850 km away—leading to concerns that the local flood protection provided by mangroves in Mumbai will not be replaced.
3. “Unjust Enrichment”: Landmark Insolvency Ruling
Justice Somasekhar Sundaresan delivered a significant judgment today involving the intersection of the Arbitration Act and the Insolvency & Bankruptcy Code (IBC).
- The Ruling: The court held that an award-creditor must return a withdrawn court deposit of ₹12.76 crore because the underlying arbitral award was extinguished by a later-approved IBC resolution plan.
- The Logic: Retaining the money after the debt was legally wiped out would constitute “unjust enrichment.” The creditor has been ordered to return the funds to the Registry within four weeks.
4. Administrative Notices and Recruitment
Today marks a critical deadline for administrative and career-related activities at the High Court:
- Recruitment Deadline: Today, January 5, is the final date to apply for the 2,382 vacancies for Clerks, Stenographers, and Peons. The application window closes at 5:00 PM.
- Stenographer Exams: The court released a list of 100 candidates provisionally eligible for the English Typing Test for Stenographer (Lower Grade), which is scheduled for January 17, 2026.
- New Sitting List: A revised judicial sitting list for the Principal Seat at Mumbai, Nagpur, Aurangabad, and Goa officially came into effect today.
5. Notable Family Court Developments
While the High Court presided over procedural aspects, the Bandra Family Court delivered a final verdict today in the 11-year-old divorce battle of industrialist Jaidev Shroff. The court granted the divorce on grounds of cruelty and ordered a final alimony settlement of ₹10 crore.
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