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Bombay High Court

AJIT NARAYAN JAKHADIversusMAINAK MAHENDRA MASHURWALA

Decided
Disposal
Disposed Off

Holding

The contempt petition is infructuous and is disposed of.

Summary

Ajit Narayan Jakhade filed a contempt petition against Mainak Mahendra Mashruwala and others, alleging breach of an order of the City Civil Court. The High Court examined whether there was a deliberate violation of the lower court's order and considered subsequent events that might affect the petition. The Court found no evidence of a deliberate breach and noted that later developments rendered the petition ineffective. Consequently, the Court held that the contempt petition was infructuous. The petition was therefore disposed of without any finding of contempt.

Issues considered

  • Was there a deliberate breach of the order passed by the City Civil Court?
  • Do subsequent events and orders render the contempt petition infructuous?

Subjects

  • contempt
  • civil procedure
  • jurisdiction
  • petition infructuous
  • order compliance

Judgment

                      Neeta Sawant                                              21-CP-33-2023.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE 4JURISDICTION


                                              CONTEMPT PETITION NO. 33 OF 2023


                      Ajit Narayan Jakhade                                            …..Petitioner

                                 : Versus :

                      Mainak Mahendra Mashruwala & Ors.                               ….Respondents



                      Mr. Amol Anant Chile i/b. Mr. Chetan Akerkar, for the Petitioner.
                      Ms. Aishwarya Shetty i/b. Divekar & Co., for Respondent No.1.
                      Mr. Bapusaheb B. Dahiphale, AGP for State.




                                                                  CORAM : SANDEEP V. MARNE, J.
                                                                  DATED : 27 JULY 2026.
                      P.C :



                      1)             Apart from the fact that there appears to be no deliberate breach
                      of the order passed by the City Civil Court, it also appears that there are
                      subsequent events and orders which renders the present Contempt
                      Petition infructuous. Accordingly, the Contempt Petition is disposed of
                      as infructuous.
         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:                                                              [SANDEEP V. MARNE, J.]
         2026.07.27
         15:06:22
         +0530


                      _____________________________________________________________________________
                                                        PAGE NO. 1 of 1
                                                      Monday, 27 July 2026


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