Bombay High Court

SURENDRA SHAHversusBRIHANMUMBAI MUNICIPAL CORPORATION

Decided: 4 March 2026
Disposal: WITHDRAWN
Bench: M S KARNIK S M MODAK

Holding

The contempt petition may be withdrawn and disposed of even though execution proceedings are pending.

Summary

Petitioner Surendra Shah filed a contempt petition (No. 17 of 2026) arising from Writ Petition No. 5337 of 2024 against the Brihanmumbai Municipal Corporation. The petitioner, through counsel, sought leave to withdraw the contempt petition on the ground that execution proceedings were already pending before the appropriate authority. The respondents opposed the withdrawal, but the court kept the contentions open for consideration. The Bench examined whether a contempt petition could be withdrawn when related execution matters are underway. It held that the petition could be withdrawn without prejudice to the pending execution proceedings. Consequently, the contempt petition was allowed to be withdrawn and was disposed of.

Issues considered

What is the appropriate procedure for withdrawing a contempt petition when execution proceedings are pending?

Subjects

contempt of court
withdrawal of petition
execution proceedings
civil procedure
Brihanmumbai Municipal Corporation

Judgment

                                                           32-conpw 17-26.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                    CONTEMPT PETITION NO. 17 OF 2026
                                  IN
                     WRIT PETITION NO. 5337 OF 2024

Surendra Shah                                              … Petitioner
       Versus
Brihanmumbai Municipal Corporation & Ors.                   ... Respondents

                         __________________________

Mr. Mayur Khandeparkar a/w. Mrs. Pooja Kane i/b Mr. Yogesh Adhia for
the Petitioner.
Ms. Vaishali Ugale for the Respondents-BMC.
Mr. Vijay Mankar, AE (B and F) P/North Ward present.
                        __________________________

                                       CORAM        : M. S. KARNIK AND
                                                      S. M. MODAK, JJ.
                                       DATED        : 4th MARCH, 2026.

P.C. :

1.       Learned counsel for the petitioner seeks leave to withdraw the

contempt petition as the execution proceedings are already pending before

the competent authority.

2.       Keeping all the contentions open, contempt petition is allowed to be

withdrawn and disposed of.



(S. M. MODAK, J.)                                         (M. S. KARNIK, J.)




 Amk                                                                  1/1

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