Bombay High Court
ARUN SADASHIV BANAVALI AND ANRversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the Applicants' contempt was purged, the DV case was quashed by consent, and the settlement terms, including release of possession and disbursement of funds, were approved.
Summary
The Applicants, Arun Sadashiv Banavali and family members, were held in contempt of the High Court for conduct related to Domestic Violence (DV) Case No.174/DV/2015. They tendered an unconditional apology and deposited Rs.65,00,000 with the Court Receiver as full and final settlement of the dispute with Respondent No.2, who is a relative. All parties, including the State of Maharashtra, agreed to the settlement and signed Consent Terms in open court. The Court accepted the apology, deemed the contempt purged, and, by consent, quashed the DV proceedings. It ordered the Court Receiver to release possession of the disputed flat to the Applicants and to disburse the deposited funds as per the settlement, and the criminal application was disposed.
Issues considered
- Whether the Applicants' contempt of court can be purged by an apology and payment.
- Whether the Domestic Violence proceedings can be quashed by consent of the parties.
- Whether the Court Receiver should release possession of the premises and allocate the deposited funds according to the settlement terms.
Subjects
- contempt of court
- domestic violence
- settlement
- court receiver
- quash
- apology
- family law
- possession
- costs
Judgment
02-APL-519-2024.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.519 OF 2024
ARJUN Arun Sadashiv Banavali & Anr. …Applicants
VITTHAL Versus
KUDHEKAR The State of Maharashtra & Ors. …Respondents
Digitally signed by
ARJUN VITTHAL
KUDHEKAR
Date: 2026.09.19 WITH
16:53:27 +0530
COURT RECEIVER REPORT NO.5 OF 2026
IN
CRIMINAL APPLICATION NO.519 OF 2024
Arun Sadashiv Banavali & Anr. …Applicants
Versus
The State of Maharashtra & Anr. …Respondents
_______________________________________________________________
Ms. Manjula Rao, Senior Advocate a/w Sahil Mahajan, Saurabh
Godbole & Siddhi Patil, for the Applicants.
Mr. S. S. Ghag, APP, for the Respondent-State.
Mr. Abhay D. Parab (Through Video Conferencing) a/w Shalaka S. Sable
i/b Digvijay Rane, for Respondent No.2.
Mr. Hitesh Vyas a/w Rasik Raut, for Respondent No.3.
Mr. Vivek Walavalkar i/b Sameer Bhalekar, for Ms. Shriya Tejas Phene
nee Kanak Arun Banavali.
Mr. B. V. Baravkar, Court Receiver, High Court, Bombay, present.
Mr. Arun Sadashiv Banavali, Applicant No.1, present.
Ms. Chitra Arun Banavali, Applicant No.2, present.
Ms. Shriya Tejas Phene nee Kanak Arun Banavali, present.
Mr. Nakul Arun Banavali, Respondent No.3, present.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 16 SEPTEMBER 2026
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P.C.:
1. At the outset, Ms. Rao, learned Senior Counsel appearing for the
Applicants, seeks leave to amend the prayer clause by seeking relief of
quashing of DV Case No.174/DV/2015.
2. Leave as sought is granted. Amendment be carried out forthwith.
Reverification is dispensed with.
3. This Court, by Order dated 3rd September 2026, has recorded the
conduct of the Applicants and Ms. Shriya Tejas Phene nee Kanak Arun
Banavali and has recorded prima facie satisfaction that the Applicants
and said Shriya Tejas Phene nee Kanak Arun Banavali have committed
the contempt of this Court.
4. Mr. Walavalkar, learned Counsel appearing for Ms. Shriya Tejas
Phene nee Kanak Arun Banavali, submits that said Shriya Tejas Phene
nee Kanak Arun Banavali has tendered an unconditional, unqualified
and sincere apology to this Court. Mr. Walavalkar, learned Counsel,
further submits that an amount of Rs.1,00,00,000 (Rupees One Crore
Only) has been received pursuant to the Sale Deed dated 5th May 2026,
which has been referred in the Order dated 3rd September 2026. He
submits that said Shriya Tejas Phene, the Applicants, who are the
parents of said Shriya Tejas Phene nee Kanak Arun Banavali and
Respondent No.3, who is the brother of said Shriya, are ready and
willing to settle the dispute with Respondent No.2.
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5. Applicants are in-laws of the Respondent No.2, said Shriya Tejas
Phene is the sister-in-law of the Respondent No.2 and the Respondent
No.3 is the husband of the Respondent No.2.
6. Mr. Walavalkar, learned Counsel submits that said Shriya Tejas
Phene nee Kanak Arun Banavali, the Applicants and Respondent No.3
have deposited an amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs
Only) with the Court Receiver, High Court, Bombay as full and final
amount towards all claims of the Respondent No.2.
7. Ms. Rao, learned Senior Counsel of the Applicants submits that
the Applicants have tendered unconditional, unqualified and sincere
apology to this Court and they are ready to settle the dispute.
8. Mr. Parab, learned Counsel appearing for the Respondent No.2
states that the Respondent No.2 is also agreeable to settle the dispute by
accepting said amount of Rs.65,00,000/- (Rupees Sixty Five Lakhs
Only) towards full and final settlement of all her claims.
9. Ms. Rao, learned Senior Counsel for the Applicants, Mr. Parab,
learned Counsel appearing for Respondent No.2, Mr. Vyas, learned
Counsel appearing for Respondent No.3 and Mr. Walavalkar, learned
Counsel appearing for said Shriya Tejas Phene nee Kanak Arun Banavali
state that the parties have settled the dispute and tender the ‘Consent
Terms’.
10. The Consent Terms are signed by Applicant No.1-Arun Sadashiv
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Banavali, Applicant No.2-Chitra Arun Banavali, Respondent No.2-
Poonam Nakul Banavali and Respondent No.3.-Nakul Arun Banavali
and said Shriya Tejas Phene nee Kanak Arun Banavali. All of whom are
personally present in Court and state that all of them have signed the
Consent Terms and settled the dispute in terms of the Consent Terms.
The Consent Terms are also signed by the respective Advocates of the
parties and they identify signatures of the respective parties.
11. Accordingly, the Consent Terms are taken on record and marked
“X” for identification. The Consent Terms read as under:
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12. Various statements made in the Consent Terms are accepted as
undertakings given to this Court.
13. In view of the Consent Terms, the DV proceedings bearing CC No.
174/DV/2015, are quashed and set aside, by consent.
14. The Applicants and said Shriya Tejas Phene nee Kanak Arun
Banavali have tendered unconditional, unqualified and sincere apology
to this Court. They have also purged the Contempt by deposing an
amount of Rs.65,00,000/- with the Court Receiver, High Court, Bombay.
Accordingly, apologies tendered by them are accepted.
15. The Applicants and said Shriya Tejas Phene nee Kanak Arun
Banavali further state that they are ready and willing to pay costs in the
following manner:
i. Demand Draft No.049265 dated 15/09/2026, issued by ICICI
Bank in favour of Kirtikar Law Library, for Rs.1,00,000/-
(Rupees One Lakh only); and
ii. Demand Draft No.049266 dated 15/09/2026, issued by ICICI
Bank in favour of High Court Employees Medical Welfare
Fund At Mumbai, for Rs.1,00,000/- (Rupees One Lakh only).
Thus, an amount of Rs.2,00,000/- is paid towards costs.
16. In view of above, as the contempt is purged and as the apology is
tendered by the Applicants and said Shriya Tejas Phene nee Kanak Arun
Banavali, no further action needs to be taken against the Applicants and
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said Shriya Tejas Phene nee Kanak Arun Banavali.
17. As Demand Draft of Rs.65,00,000/- (Rupees Sixty Five Lakhs
Only) has been deposited with the Court Receiver, High Court, Bombay,
the Court Receiver, High Court, Bombay, shall immediately handover
possession of the premises bearing Flat No. D-601, Mahindra Splendour,
L.B.S. Marg, Bhandup (West), Mumbai-400 078, to the Applicants.
18. Ms. Rao, learned Senior Counsel for the Applicants, states that,
apart from the aforesaid amount of Rs.65,00,000/- deposited with the
Court Receiver, the Applicants have also reimbursed to the Respondent
No.2 an amount of Rs.26,206/- towards Police protection, an amount of
Rs.10,000/- towards photography/video-shooting and an amount of
Rs.50,000/- deposited with the Court Receiver. Thus, an aggregate
amount of Rs.86,206/- has been paid by the Applicants to Respondent
No.2.
19. Accordingly, after taking accounts, the Court Receiver shall pay
the balance amount, if any, out of the amount of Rs.50,000/- deposited
with the Court Receiver by Respondent No.2, to the Applicants.
20. The Court Receiver, also shall pay an amount of Rs.15,00,000/-
(Rupees Fifteen Lakhs Only) out of the amount of Rs.65,00,000/-
(Rupees Sixty Five Lakhs Only) deposited with the Court Receiver to
Respondent No.2-Poonam Nakul Banavali within fifteen days from
today. The balance amount of Rs.50,00,000/- shall be transferred by the
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Court Receiver to the account of the Principal Judge, Family Court,
Bandra, Mumbai, in connection with Petition No. A-2716 of 2021
pending before the Family Court at Bandra, Mumbai. The said amount
of Rs.50,00,000/- shall be paid to Respondent No.2 upon disposal of the
said divorce petition by consent and upon the Family Court passing a
decree of divorce by mutual consent.
21. In view of the above order, Court Receiver's Report No.5 of 2026
also stands disposed of in terms of prayer clause (a).
22. The Court Receiver, High Court, Bombay, stands discharged.
23. Accordingly, Criminal Application is disposed of in above terms.
[MADHAV J. JAMDAR, J.]
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