Bombay High Court
VIJAY NAGORAO SONTAKKE AND ANOTHERversusSUNIL SUDHAKARRAO SURYAWANSHI AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The writ petition is dismissed due to the petitioners' failure to fulfill the Court‑ordered undertaking.
Summary
The petitioners filed a writ petition seeking relief, and the Court conditionally issued notice contingent upon the petitioners depositing Rs.10,00,000 within 15 days. The petitioners failed to make the deposit, and more than nine and a half years elapsed without compliance. The Court noted the non‑fulfilment of the undertaking and consequently dismissed the writ petition. It also ordered that the pending civil applications related to the petition be disposed of. No further relief was granted to the petitioners.
Issues considered
- What is the effect of the petitioners' failure to comply with the Court's condition of depositing Rs.10,00,000 within the stipulated period?
- Whether the Court may dismiss the writ petition on account of non‑compliance with the undertaking?
Subjects
- Writ petition
- Undertaking
- Non‑compliance
- Dismissal
- Civil applications
Judgment
2026:BHC-AUG:46664
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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