Bombay High Court
VIJAY NAGORAO SONTAKKE AND ANOTHERversusSUNIL SUDHAKARRAO SURYAWANSHI AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as the petitioners failed to deposit the stipulated amount within the time granted.
Summary
The petitioners filed a writ petition seeking relief, and the Court, on 30 November 2016, conditioned the issuance of notice on the petitioners' undertaking to deposit Rs.10,00,000 within 15 days. The stipulated period expired on 15 December 2016, and the petitioners failed to make the deposit. Over nine and a half years later, the petition remained pending without compliance. The Court observed the non‑deposit and consequently dismissed the writ petition. Additionally, the pending civil applications related to the petition were ordered to stand disposed.
Issues considered
- Whether the writ petition should be dismissed for the petitioners' failure to comply with the undertaking to deposit Rs.10,00,000 within the prescribed period?
Subjects
- Writ Petition
- Non‑compliance
- Undertaking
- High Court
- Dismissal
- Civil Application
Judgment
2026:BHC-AUG:46662
1 21-wp-11842-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 11842 OF 2016
Vijay Nagorao Sontakke And Another
VERSUS
Sunil Sudhakarrao Suryawanshi And Another
...
Advocate for the Petitioners : Ms. Priyanka R. Dubey
WITH
CIVIL APPLICATION NO. 7033 OF 2025 IN WP/11842/2016 WITH
CIVIL APPLICATION NO. 7032 OF 2025 IN WP/11842/2016 WITH
CIVIL APPLICATION NO. 7034 OF 2025 IN WP/11842/2016
...
CORAM : ROHIT W. JOSHI, J.
DATED : OCTOBER 05, 2026
P.C.:
1. Perusal of order dated 30.11.2016 indicates that this Court
was not inclined to issue notice, infact this Court has issued notice in
the petition only on undertaking by the petitioners that the amount of
Rs.10,00,000/- will be deposited within a period of 15 days from the
date of order. The said period expired on 15.12.2016. It appears from
the record that the amount as undertaken has not been deposited till
date, although a period of over 9 and ½ years has lapsed since then.
2. Writ Petition is therefore dismissed.
3. Pending civil applications stand disposed of.
[ROHIT W. JOSHI J.]
Mujaheed//
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