Shankar Pandurang Bhosale v. Shivaji Pandurang Bhosale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2025.03.15 12:14:01 +0530 KANCHAN PRASHANT DHURI SUIT NO. 145 OF 2022 Shankar Pandurang Bhosale ... Plaintiff

Versus

Shivaji Pandurang Bhosale and others ... Defendants WITH INTERIM APPLICATION NO. 1930 OF 2022 INTERIM APPLICATION NO. 1929 OF 2022 IN SUIT NO. 145 OF 2022 WITH INTERIM APPLICATION (L) NO. 32879 OF 2024 IN INTERIM APPLICATION NO. 1945 OF 2022 WITH CONTEMPT PETITION NO. 2 OF 2025 IN INTERIM APPLICATION NO. 1945 OF 2022 ............

Ms. Archana Joglekar instructed Mr. S.R. Page, Advocate for the Plaintiff and for the Applicant in IAL-32879-2024. None for the Defendants/Respondents.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

13 MARCH 2025 P.C. :

Interim Application (L) No.32879 of 2024 :

1.

At the outset, today when the matter is called out, Ms. Joglekar, learned Counsel, appears for the Plaintiff and seeks to withdraw the Interim Application (L) No. 32879 of 2024. Kanchan Dhuri 1/3

2.

Interim Application (L) No. 32879 of 2024 accordingly stands disposed as withdrawn.

Contempt Petition No.2 of 2025 :

3.

As regards, Contempt Petition No. 2 of 2025 is concerned, Ms. Joglekar, learned Counsel, appears for the Contempt Petitioner and submits that the Contempt Petition has been served upon the Defendants and draws attention of this Court to the service Affidavit dated 11th March 2025.

4.

Ms. Joglekar submits that the Contempt Petition has been filed, in as much as the Respondent has committed contempt of order dated 8th August 2024 passed in Interim Application No.1945 of 2022 in Suit No.145 of 2022. Drawing this Court's attention to Exhibit 'C' viz. order dated 8th August 2024, learned Counsel submits that despite directions of this Court to the Respondent to provide and produce all the original documents in respect of the properties and businesses, listed in paragraph 6 of the said order, as well as the audited accounts of the businesses run from the said properties within a period of four weeks, no such compliance has been made till date and that therefore this Court issue notice under the Contempt of Courts Act, 1971. Kanchan Dhuri 2/3

5.

Having heard the learned Counsel and having considered her submissions and prima facie observing that there has been no compliance of the order dated 8th August 2024 and also observing that despite service none appears for the Respondents, this Court directs the Registry to issue show cause notice under the Contempt of Courts Act, 1971 in Form I as provided in the High Court Rules, to appear before this Court on 17th April 2025 and to show cause as to why the Respondent should not punished with maximum punishment of imprisonment and fine, in accordance with the Contempt of Courts Act, 1971.

6.

List on 17th April 2025.

(ABHAY AHUJA, J.) Kanchan Dhuri 3/3