Bombay High Court

Bernardine Maud HenriqueversusOm Developers

Decided: 30 September 2026
Disposal: DISPOSED OFF

Holding

The Court accepted the respondent's undertaking to pay the instalments and disposed of the contempt petition, leaving open the possibility of a fresh contempt petition for non‑compliance.

Summary

The petitioner, Bernardine Maud Hernique, filed a contempt petition against Om Developers for alleged non‑payment under an arbitration award. The respondents submitted an undertaking to the High Court specifying a schedule for payment of the award in four instalments, with the first Rs. 59 lakh due by 31 December 2026 and the final Rs. 15 lakh by 31 December 2027, the second instalment to be placed in an escrow account. The Court examined the undertaking and, finding it satisfactory, formally accepted it. It further directed that any failure to meet the instalment schedule would permit the petitioner to file a fresh contempt petition, and the respondent would then be liable for aggravated contempt. Consequently, the Court disposed of the original contempt petition.

Issues considered

What is the appropriate remedy when a respondent fails to comply with payment instalments under an arbitration award?
Whether the Court can accept a respondent's undertaking to pay instalments and condition future contempt proceedings on compliance.

Subjects

contempt
arbitration
undertaking
instalment payment
escrow account
civil procedure

Judgment

                                                                         80-CONP-15-26+.doc


                                                                                  Sayali

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SAYALI                            ORDINARY ORIGINAL CIVIL JURISDICTION
DEEPAK
UPASANI
                                   CONTEMPT PETITION NO. 15 OF 2026
Digitally signed by
SAYALI DEEPAK
UPASANI
                                                  IN
Date: 2026.09.30
17:52:36 +0530
                                  ARBITRATION PETITION NO. 100 OF 2024


                      Bernardine Maud Hernique                    … Petitioner
                                 V/s.
                      Om Developers                               … Respondents

                      Mr. O. P. Singh, for Petitioner.
                      Mr. Samir A vaidya with Shruti P. Ghodake i/b
                      Sadhana Singh, for Respondent.


                                                   CORAM     : AMIT BORKAR, J.

                                                   DATED     : SEPTEMBER 30, 2026

                      P.C.:

                      1.      The respondent has filed an undertaking before this Court
                      stating that the first instalment amount of Rs. 59 lakhs shall be
                      deposited before 31 December 2026, the second instalment shall
                      be deposited in the escrow account by way of DD before 31
                      December 2026, the next instalment shall be deposited before
                      30 June 2027 and the last instalment of Rs. 15 lakhs shall be
                      deposited before 31 December 2027.

                      2.      The undertaking is accepted.




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                                                   80-CONP-15-26+.doc


3.   If there is a failure to comply with any instalment, it shall
be open for the petitioner to file a fresh contempt petition and,
in that case, the respondent shall be liable for aggravated
contempt.

4.   The petition stands disposed of.



                                          (AMIT BORKAR, J.)




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