Darshan A. Mhatre Since Deceased Thr Lrs. Sulbha Darshan Mhatre And ORS. v. Sachin Bacchav And ANR.

29 CP 781-25.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LAXMI SUBHASH SONTAKKE CONTEMPT PETITION NO. 781 OF 2025 by LAXMI SUBHASH SONTAKKE Date: 2025.12.02 17:25:40 +0530 Darshan Mhatre (since deceased) Sulbha Darshan Mhatre & Ors.

...Petitioners

Versus

Sachin Bacchav & Anr.

...Respondents

_______ Mr. Nilesh Dessai i/b. Padmaja Malgaonkar for Petitioner. _______

CORAM:

AARTI SATHE, J.

DATE:

1st DECEMBER 2025 P.C.

1.

Today, when the matter was called out, learned Counsel for the Petitioner submitted that against the order dated 20th February 2024 passed by this Court, the contempt which has been alleged in the present Petition, was also a subject matter of a challenge in the Contempt Petition No. 702 of 2025 and Contempt Petition No. 699 of 2025 filed by the other employees. In the aforesaid Contempt Petitions, this court on 7th November 2025 passed the following order:- "P.C.:

1. The petitioner has alleged contempt of the order dated 20th February 2024. However, upon perusal of the said judgment passed in Writ Petition No.3983 of 2007, it is evident that this Court had dismissed the employer's petition, and no positive or operative directions were issued therein. Hence, the present proceedings do not attract the provisions of the Contempt of Courts Act, 1971, nor can they be maintained under Article 215 of the Constitution of India.

2. The petitioner, however, shall be at liberty to adopt appropriate statutory remedy for enforcement of the order passed by the Industrial Court, in accordance with law.

3. With the aforesaid liberty, the petition stands disposed of." Laxmi

29 CP 781-25.DOC 2.

The learned counsel for the Petitioner submits that in view of the aforesaid order dated 7th November 2025 passed by this Court, this Petition also would not survive as the proceedings do not attract the provisions of Contempt of Courts Act, 1971 nor can be maintained under Article 215 of the Constitution of India. The Petitioner however, shall be at liberty to adopt appropriate statutory remedy for enforcement of the order passed by the Industrial Court, in accordance with law.

3.

The Contempt Petition stands disposed of in the aforesaid terms with the aforesaid liberty. No costs.

(AARTI SATHE, J.) Laxmi