Created by Fuzzy Cloud

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//


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.