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Bombay High CourtCP/519/2025disposed off

Shri Gajanan Maharaj Nagari Sah Patsanstha Thr Secr Sanjay Maruti Tavte v. Deepali Ashwin Grihe

2025-08-05Hon'Ble Shri Justice Amit Borkar3 pages

Prasad Rajput (P.A.) 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.519 OF 2025 Shri Gajanan Maharaj Nagari Sah Patsanstha thr Secr. Sanjay Maruti Tavte .. Petitioner

Versus

Deepali Ashwin Grihe .. Respondent ....................

 Mr. Amol A. Gatne, Advocate for Petitioner.

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

CORAM : MILIND N. JADHAV, J.

DATE : AUGUST 05, 2025 P. C.

:

1.

Heard Mr.Gatne, learned Advocate for Petitioner. 2.

Mr. Gatne would draw my attention to the order dated 12.03.2024 appended at page No.70 of the Petition. He would submit that as stated in the order an undertaking is given by Respondent - contemnor to deposit an amount of Rs.24,74,155/- within a period of two months from the date of said order. That undertaking was accepted by the Court. He would next submit that Writ Petition No.3398/2024 wherein said undertaking was given came to be dismissed especially in view of said undertaking itself. That order of dismissal of Writ Petition dated 10.05.2024 is appended as Exhibit - 'F' at page No.79 of the Petition.

2.1.

He would submit that Respondent - Contemnor did not oblige and abide by the undertaking which was recorded in the order dated 12.03.2024. He would submit that Petitioner - Gajanan Maharaj Nagari Sahakari Patsanstha thereafter had take out execution proceedings in which attachment orders were passed which came to be challenged by Respondent - contemnor in this court in Writ Petition which was dismissed in the interregnum. He would submit that present Contempt Petition is qua non compliance of specific undertaking recorded in the order dated 12.03.2024. 3.

After hearing Mr.Gatne and perusing the record of the case an arguable case is made out for issuance of notice. Hence issue notice to Respondent made returnable after two weeks. Humdast permitted.

4.

In addition to Court notice, Petitioner is permitted to serve a copy of the Contempt Petition and this order on Respondent and inform them about the next date of hearing by any permissible mode of service and file appropriate Affidavit of service with tangible proof thereof on or before the next date.

5.

After receiving notice, Respondent is directed to take cognizance of this order and file Affidavit-in-Reply on or before the next date, if so desired.

6.

Stand over to 19th August, 2025.

P.R. Rajput [ MILIND N. JADHAV, J. ]