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Bombay High CourtCP/212/2026disposed off

Ms Suraj Construction Through Its Partner Mr Aman C Patel v. Hiren Shashikant Dhruva And ORS

2026-04-08Hon'Ble Shri Justice Amit Borkar2 pages

9-cp-212-2026.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.212 OF 2026 Suraj Construction Through Its Partner Mr. Aman C. Patel ... Petitioner V/s.

Hiren Shashikant Dhruva & Ors.

... Respondents SHABNOOR AYUB PATHAN by SHABNOOR AYUB PATHAN Date: 2026.04.08 15:33:37 +0530 Mr. Naresh Pradhan, for the Petitioner.

Mr. Suyash Sule, for Respondents.

Mr. Prabhanjan Gujar, for Respondent Nos. 4 and 5

CORAM

: AMIT BORKAR, J.

DATED : APRIL 8, 2026 P.C.:

1.

The present contempt petition arises out of the alleged wilful disobedience of the injunction orders dated 11th December 2025 and 23rd January 2026 passed by the learned Civil Judge, Senior Division, Belapur in Special Civil Suit No. 262 of 2025. The said orders have been confirmed by this Court.

2.

At this stage, it would be apposite to refer to the decision of the Supreme Court in Kanwar Singh Saini vs. High Court of Delhi, reported in (2012) 4 SCC 307, wherein it has been held that in cases of breach of an interim injunction order, the appropriate remedy available to an aggrieved party is to approach the concerned Civil Court by way of an application under Order XXXIX Rule 2A or Rule 11 of the Code of Civil Procedure, 1908.

9-cp-212-2026.doc 3.

In view of the aforesaid legal position, this Court is not inclined to entertain the present contempt petition. All questions raised herein are kept open to be agitated before the competent Civil Court in accordance with law.

4.

Accordingly, the contempt petition stands disposed of. (AMIT BORKAR, J.)