Bombay High Court

BALASAHEB DNYANDEO GHATE AND OTHERSversusSHUBHASH CHANDRA KHUNTIA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition is dismissed for non‑prosecution.

Summary

Balasaheb Dnyandeo Ghate and others filed a contempt petition against Shubhash Chandra Khuntia and others. No notices were issued in the matter and the petitioner's counsel was subsequently elevated to a judge of the same court. The court observed that the petitioners had acted negligently by proceeding without notice. Consequently, the court found no basis to continue the petition. The petition was therefore dismissed for non‑prosecution.

Issues considered

Whether a contempt petition can proceed in the absence of any notice to the respondents
Whether the petitioner's conduct amounts to negligence justifying dismissal

Subjects

contempt
notice
non‑prosecution
negligence
petition dismissal

Judgment

2026:BHC-AUG:45768-DB

                                                                       279.2020CP

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                          912 CONTEMPT PETITION NO. 279 OF 2020
                                    IN WP/6055/2016

                       BALASAHEB DNYANDEO GHATE AND OTHERS
                                          VERSUS
                       SHUBHASH CHANDRA KHUNTIA AND OTHERS
                                             ...
                 AGP for Respondent/State : Mrs. U.S. Bhosale
                                             ...
                                   CORAM : SANDIPKUMAR C. MORE &
                                                 VAISHALI PATIL-JADHAV,JJ.

                                      DATE      :    30.09.2026

                 P.C. :


                 1.          None for the petitioner.
                 2.          Even the notices are not issued in this matter.
                 Under such circumstances, though learned counsel for the
                 petitioners is elevated as Judge of this Court but the conduct
                 of the petitioners appears to be highly negligent.
                 3.          In view of the same, the petition stands dismissed
                 for non-prosecution.




                 [VAISHALI PATIL-JADHAV]              [SANDIPKUMAR C.MORE]
                         JUDGE                               JUDGE


                 sga

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