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Bombay High Court

GRAMODYOGIC SHIKSHAN MANDALversusSANJAY BHATIYA AND ANOTHER

Disposal
DISPOSED OFF

Holding

No contempt lies as the order was quashed by the Supreme Court, and the petition stands disposed.

Summary

The High Court considered a contempt petition filed by Gramodyogic Shikshan Mandal against Sanjay Bhatiya and another. The petition alleged disobedience of an order that had been quashed by the Supreme Court in Civil Appeals Nos. 10443‑10444 of 2016 (arising from SLP(C) Nos. 11709‑11710 of 2014). The Supreme Court set aside the impugned order on 28‑Oct‑2016, and the respondent refunded the balance amount to the petitioner on 31‑Jan‑2017. Since the order whose alleged breach formed the basis of the contempt petition no longer existed, the Court found no ground for contempt. Consequently, the petition was dismissed as there was nothing left to adjudicate.

Issues considered

  • Whether the alleged disobedience of an order that has been set aside by the Supreme Court can give rise to contempt proceedings

Subjects

  • contempt of court
  • supreme court judgment
  • order quashed
  • refund
  • jurisdiction

Judgment

2026:BHC-AUG:41105

                                                           904 CONTEMPT PETITION NO. 388 OF 2013




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                            904 CONTEMPT PETITION NO. 388 OF 2013
                                      IN WP/10700/2010
                                     Gramodyogic Shikshan Mandal
                                                  Versus
                                      Sanjay Bhatiya And Another
                     __________________________________________________________
                     Adv. Mayur Subhedar h/f. Adv. Ajay S. Deshpande for the
                     Petitioner
                     Mr. N. B. Patil, A.G.P. for State
                     __________________________________________________________
                                        CORAM     : SANDIPKUMAR C. MORE AND
                                                    VAISHALI PATIL-JADHAV, JJ.
                                        DATE      : SEPTEMBER 02, 2026
                     ORDER : [PER VAISHALI PATIL-JADHAV, J.]
                     1)             The order of which disobedience is alleged in

                     this petition, is quashed and set aside by the Hon’ble

                     Supreme Court in Civil Appeal Nos. 10443-10444 of 2016

                     arising out of SLP(C) Nos. 11709-11710 of 2014, by order

                     dated 28.10.2016. Subsequently, since the said order was

                     set aside by the Hon'ble Apex Court, the remaining amount

                     after deducting the amount of earnest money was refunded

                     to the petitioner by Respondent No. 2 on 31.01.2017.

                     2)             In view of the above, nothing survives in the

                     present        Contempt   Petition   and    the      same        stands

                     disposed of.



                     (VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
                               JUDGE                              JUDGE
                     Komal Kamble                                                 Page| 1 of 1


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