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Bombay High Court

Baby Jalindar Awate alias Kiran Shrikrushana DahihandeversusOm Prakash Gupata And Ors.

Holding

The court accepted the respondents' undertaking to decide the matters within two weeks and disposed of the contempt petition without finding contempt.

Summary

The petitioner, Baby Jalindar Awate, filed a contempt petition alleging that Respondents No.3 and No.4 failed to comply with a court order dated 9 December 2025, which required them to decide the representation and proposal for pay fixation within six weeks. The court noted that, despite the lapse of the prescribed period, the respondents submitted that the representations would be decided within two weeks. The court treated this submission as a formal undertaking to the court. Accepting the undertaking, the bench held that there was no aggravated contempt. Consequently, the contempt petition was disposed of without any finding of contempt. The decision underscores the court’s willingness to accept reasonable undertakings to cure procedural defaults in contempt matters.

Issues considered

  • Whether the failure to decide the representation and pay‑fixation proposal within the six‑week period amounts to contempt of court.
  • Whether an undertaking to comply within a further two‑week period suffices to stay or dismiss the contempt proceedings.

Subjects

  • contempt of court
  • non‑compliance with court order
  • undertaking
  • civil appellate jurisdiction
  • pay fixation
  • representation

Judgment

2026:BHC-KOL:9789-DB

                                                                            30-CP-216-2026.doc


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

                                  CONTEMPT PETITION NO. 216 OF 2026
                                                 IN
                                   WRIT PETITION NO. 16429 OF 2024

               Baby Jalindar Awate @ Kiran Shrikrushana Dahihande ...Petitioner
                         Versus
               Om Prakash Gupata And Others                                 ...Respondents

                                            ——————
               Mr. Ratan Adhe a/w Adv. A.R.Barad, for the Petitioner.
               Mr. R.P.Kadam, “B” Panel counsel a/w Mr. V.G.Badgujar, AGP for the
               Respondent-State.
                                            ——————
                                                 CORAM :         SHARMILA U. DESHMUKH &
                                                                 NEERAJ P. DHOTE, JJ.
                                                 DATE        :   OCTOBER 08, 2026.
               P. C. :

               1.        By the present Petition, contempt is alleged of the order dated 9 th

               December, 2025 by which Respondent Nos. 3 and 4 were issued

               directions to decide the representation and the proposal for pay

               fixation within a period of six weeks. Though, the order was passed on

               9th December, 2025, till date representations have not been decided.

               2.        Learned counsel for the Respondent Nos. 3 and 4 would submit

               that within a period of two weeks representation will be decided.

               3.        The said statement is accepted as undertaking given to this Court.

               It is expected that within a period of two weeks, the order dated 9 th


               Arya Chavan                          1 of 2
                                                     30-CP-216-2026.doc


December, 2025 would be complied and there would be no aggravated

contempt.

4.      The Contempt Petition is disposed of in light of the said

statement.




 [NEERAJ P. DHOTE, J.]                 [SHARMILA U. DESHMUKH, J.]




Arya Chavan                   2 of 2


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