Shaista Irphan Mogul v. Irphan Aman Mogul

Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION CONTEMPT PETITION NO.458 OF 2025 Shaista Irphan Mogul .. Petitioner

Versus

Irphan Aman Mogul .. Respondent ....................

 Mr. Zal Andhyarujina, Senior Counsel a/w Mr. Aurup Dasgupta, Ms. Shruti Sardessai, Mr. Parth Saghrajka, Ms. Drashika Hemnani and Ms. Prapti Bhadra i/by Rajeev Sawant & Associates, Advocates for Petitioner.

 Mr. Vivek Kantawala a/w Mr. Amey Patil, Mr.Manav Kantawala and Mr. Shanay Bafna i/by Vivek M. Sharma, Advocates for Respondent. ...................

CORAM : MILIND N. JADHAV, J.

DATE : JULY 10, 2025 P. C.

:

1.

Heard Mr. Andhyarujina, learned Senior Advocate for Petitioner and Mr. Kantawala, learned Advocate for Respondent and perused the record of the case.

2.

Without prejudice to the rights and contentions of both parties after hearing both learned Advocates at the bar, statement made by Mr. Kantawala that he will immediately deposit an amount of Rs.2.59 lakhs towards the tuition fees in terms of the Fee Schedule appended at page No.226 of the Petition is accepted and in that view of the matter for the present it is directed that the balance fee shall be paid by the Petitioner.

3.

Needless to state that present order is passed without prejudice to the rights and contentions of both parties. 4.

Defence of Mr. Kantawala is that Petitioner had agreed to pay 50% of the said amount. To this Mr.Andhyarujina has responded by agreeing that it was a concession made by them, but Petitioner has now sought revision of the same before the Family Court. 5.

I am informed at the bar that a substantive Application bearing Miscellaneous Application No.18 of 2025 is filed by Petitioner in E-49 of 2012 before the Family Court, 4th Court, Bandra, Mumbai. Before any further controversy erupts and revisits the child who is studying in the next semester when the occasion would arise for payment of the next semester fee, I would like to persuade and direct the learned Family Court, 4th Court, Bandra, Mumbai to determine Miscellaneous Application as expeditiously as possible and in any event within a period of 4 weeks from today. I am told that Miscellaneous Application is listed before the Family Court on 5th August, 2025. If it is possible, the learned Family Court shall prepone the matter as per its convenience.

6.

Copy of this order shall be placed before the learned Family Court, 4th Court, Bandra, Mumbai on 14th July, 2025 at 11:00

am to take cognizance of the same for determining the Miscellaneous Application.

7.

All contentions of both parties are expressly kept open without going into the merits of the matter neither this Court has expressed any opinion. Family Court shall proceed with hearing of Miscellaneous Application No. 18 of 2025 strictly in accordance with law.

8.

With the above directions, Contempt Petition is disposed. P.R. Rajput [ MILIND N. JADHAV, J. ]