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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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