Bombay High Court

VUB ENGINEERING PVT. LTD.versusKOLHAPUR MUNICIPAL CORPORATION AND ORS.

Disposal: Dismissed

Holding

The Court held that no contempt occurred because the Municipal Corporation complied with the court’s directions and no further blacklisting took place.

Summary

The petitioner, Vub Engineering Pvt. Ltd., alleged that the Kolhapur Municipal Corporation committed contempt by failing to comply with a High Court order dated 12 October 2018, which required the corporation to issue a fresh show‑cause notice regarding the petitioner’s blacklisting and to hold a personal hearing. The corporation argued that it had complied by issuing the notice and that the petitioner did not pursue the matter after filing the contempt petition. The corporation subsequently issued a show‑cause notice, the City Engineer passed an order on 1 January 2019, and the petitioner later filed another writ petition (No.1847 of 2019) which was withdrawn, leading to the withdrawal of the City Engineer’s order. The Court found no evidence that the corporation continued to blacklist the petitioner and concluded that the corporation had adhered to the earlier court directions. Consequently, the Court held that there was no merit in the contempt petition and dismissed it.

Issues considered

Did the Kolhapur Municipal Corporation commit contempt of court by not complying with the High Court’s order dated 12 October 2018?
Was the petitioner’s failure to pursue the matter after filing the contempt petition relevant to the contempt claim?

Subjects

contempt of court
municipal corporation
show cause notice
blacklisting
writ petition
compliance with court order

Judgment

                                                    903-CP-164-2019-(C).doc


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION


               CONTEMPT PETITION NO. 164 OF 2019

Vub Engineering Pvt. Ltd.                    … Petitioner
          V/s.
Kolhapur Municipal Corporation And
Ors.                                         … Respondents



                ________________________
Ms. Prachi A. Tatake (Through VC), Advocate for the petitioner.
Mr. Abhijit Adagule, Advocate for respondent nos.1 to 4.
Shri. N. C. Walimbe, Addl. GP a/w. Shri. Santosh A. Jadhav ‘B’
Panel Counsel for respondent no.5.
               _________________________

                             CORAM      : RAJESH S. PATIL &
                                          ABHAY J. MANTRI, JJ.


                             DATED      : SEPTEMBER 23, 2026
P.C.:


1.      By the present Contempt Petition, the petitioner is alleging

that there is a contempt committed by the Kolhapur Municipal

Corporation by not following the directions given in the order

dated 12 October 2018 passed in Writ Petition No.7936 of 2018.


2.      We have heard the learned counsel for both the sides.




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                                                               903-CP-164-2019-(C).doc


3.    Paragraph Nos.8 and 9 of the order dated 12 October 2018

passed in Writ Petition No.7936 of 2018 read as under:

      “8.     Accordingly the impugned order dated 16 April 2018 to the
      extent it blacklists the petitioner, is set aside. We direct the
      respondent Corporation to issue a fresh show cause notice specific to
      the issue of blacklisting. Such a notice be issued within a period of
      two weeks from today. The petitioner shall respond to the said notice
      within a period of two weeks after its receipt.
      9.      The Municipal Corporation after receipt of the reply may
      inform the petitioner of an appropriate date on which personal
      hearing would be accorded to the petitioner, and after hearing the
      petitioner, pass appropriate order on such show cause notice, in
      accordance with law.”



4.    Mr. Adagule, appearing for the Municipal Corporation,

submits that after the Contempt Petition was filed on 14 February

2019, the petitioner did not make any efforts to take the matter on

board.


5.    Thereafter, the Corporation, following the directions given in

the order dated 12 October 2018, issued a fresh show cause notice

to the petitioner and, thereafter, an order dated 1 January 2019

was passed by the City Engineer of the Corporation.


6.    Being dissatisfied with the order dated 1 January 2019

passed by the City Engineer of the Corporation, the petitioner filed

one more Writ Petition, being Writ Petition No.1847 of 2019.


7.    In the said Writ Petition, the parties were heard and, by an



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order dated 14 February 2019, the petition was allowed to be

withdrawn as disposed of in view of the statement made by the

learned counsel appearing for the Corporation in the said matter,

thereby withdrawing the order dated 1 January 2019 passed by

the City Engineer.


8.    It is nobody's case that thereafter any action has been taken

by the Corporation blacklisting the petitioner.


9.    In view of the same, in our view, there is no merit in the

present Contempt Petition.


10.   Hence, the Contempt Petition stands dismissed.




(ABHAY J. MANTRI, J.)                         (RAJESH S. PATIL, J.)




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