Bombay High Court
VISHAL ENTERPRISES THROUGH PROPRIETOR SURESH DATTATRAY PATILversusTHE STATE OF MAHARASHTRA AND ORS
- Disposal
- Disposed Off
Holding
A contempt petition cannot lie against a person who was not a party to the original proceedings.
Summary
Vishal Enterprises, through its proprietor, filed a contempt petition alleging that the Dean of Chhatrapati Pramilaraje Civil Hospital, Kolhapur blacklisted the petitioner in violation of a stay order dated 03.12.2025. The stay order had been issued by this Court to stay earlier orders dated 29.07.2025 and 04.07.2025. It was undisputed that the Dean (respondent No.6) was not a party to the original writ petition. The Court held that a contempt petition cannot be entertained against a person who was not a party to the proceedings whose order is alleged to have been violated. Consequently, the contempt petition was dismissed.
Issues considered
- Can a contempt petition be filed against a non‑party to the original proceeding for alleged violation of a stay order?
- Is a court order enforceable against persons who were not before the court when the order was passed?
Subjects
- contempt
- stay order
- jurisdiction
- non‑party
- writ petition
- dismissal
Judgment
72-CP-25-2026.doc
Digitally signed
by HARISH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HARISH VITHAL
CHAUDHARI
VITHAL
CHAUDHARI Date: CIRCUIT BENCH AT KOLHAPUR
2026.08.20
10:44:45 +0530
CIVIL APPELLATE JURISDICTION
CONT. PETITION NO. 25 OF 2026
IN
WRIT PETITION NO. 11912 OF 2025
Vishal Enterprises
Through Proprietor Suresh Dattatray Patil ...Petitioner.
Versus
The State Of Maharashtra And Others ...Respondents.
——————
Mr. Viraj Vikramsinh Nalavade a/w Tanvi Lad, Girish Mujumdar & Sharvari
Tipugade for the Petitioner.
Mr. R. P. Kadam ‘B’ panel Advocate for the Respondent-State.
Dr. Karande, Assistant Professor, RCSMCMC Kolhapur
Shri. A. V. Lokhande, O.S.
——————
Coram : Sharmila U. Deshmukh &
Neeraj P. Dhote, JJ.
Date : August 19, 2026.
P. C. :
1. The contempt is alleged of the order dated 03.12.2025, passed by
this court staying the order dated 29.07.2025 and 04.07.2025 passed by
respondent No. 2- alleged that despite the order of 03.12.2025 staying
the order dated 29.07.2025, the respondent No. 6 i.e. The Dean,
Chhatrapati Pramilaraje Civil Hospital, Kolhapur has blacklisted the
Petitioner.
2. It is undisputed that Respondent No. 6 was not a party to Writ
Petition No. 11912 of 2025. The petition does not allege contempt by
Harish 1 of 2
72-CP-25-2026.doc
the parties to the writ petition.
3. As respondent No. 6 was not a party to the proceedings, no
contempt petition will lie against respondent No.6 for violation of order
dated 03.12.2025. Resultantly, the petition fails and stands dismissed.
[Neeraj P. Dhote, J.] [Sharmila U. Deshmukh, J.]
Harish 2 of 2
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