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Bombay High Court

LIC Housing Finance LimitedversusShrirang Sadashiv Gokhale

Decided
Disposal
Disposed Off

Holding

The Court disposed of the contempt petition, granting indulgence as the respondents eventually complied with the direction and tendered an unconditional apology.

Summary

The High Court entertained a contempt petition filed by LIC Housing Finance Ltd against Dr. Shrirang Sadashiv Gokhale and another for allegedly failing to comply with its earlier order to shift all patients from a hospital. The respondents eventually discharged all patients and produced a certificate from the hospital director confirming no patients remained. They also filed an affidavit‑in‑reply containing an unconditional apology for the delay. The Court noted that although the compliance was belated, the respondents had substantially complied and were facing financial difficulties, and therefore decided to show indulgence. An undertaking was recorded that the respondents would not disrespect the Court and were free to pursue pending appeals before the Debts Recovery Appellate Tribunal and the Debts Recovery Tribunal. Consequently, the contempt petition was disposed of in the respondent’s favour.

Issues considered

  • Did the respondents commit contempt by not complying with the Court's direction to shift patients within the stipulated time?
  • Should the contempt petition be dismissed on account of the respondents' eventual compliance and apology?

Subjects

  • contempt of court
  • court direction
  • compliance
  • apology
  • indulgence
  • hospital patients
  • Debts Recovery Tribunal

Judgment

                                                                                         912_CP_459_26.doc



                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                             CONTEMPT PETITION NO. 459 OF 2026
                                                             IN
                                               WRIT PETITION NO. 8308 OF 2026

                             LIC Housing Finance Limited                    …           Petitioner
                                         vs.
                             Shrirang Sadashiv Gokhale and another          …           Respondents

                             Mr. Sanjiv Punalekar a/w. Mr. Sachin K., i/b. Mr. Raghavan Sarathy for
                             petitioner.
                             Mr. Rashid Khan a/w. Mr. Ganpat Monde, i/b. PMH Law for respondents.

                                                               CORAM :      MANISH PITALE &
                                                                            SHREERAM V. SHIRSAT, JJ
                                                               DATE     :   17th SEPTEMBER, 2026


                             P.C. :


                             .        In the light of the order passed on 09.09.2026, it is brought to
                             our notice by the learned counsel appearing for the respondents that
                             all the remaining patients in the hospital have been discharged and
                             shifted. As on today, there is no remaining patient in the hospital.
                             Copy of a certificate issued by the director of the hospital is tendered.
                             The same is taken on record.


                             2.       We find that the respondents appear to have complied with the
                             direction issued by this Court, although belatedly and after much
                             pressure was exerted in the present contempt petition.


                             3.       We had indicated in our order dated 09.09.2026 that the
                             respondents should first comply with their undertaking and shift all

          Digitally signed
          by PRIYA
                             the patients from the hospital and thereafter, we would consider as
PRIYA KAMBLI
       Date:
KAMBLI 2026.09.17
       18:42:02
          +0530




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                                                                        912_CP_459_26.doc



               to in what manner, the respondents are to be proceeded against in
               contempt jurisdiction.


               4.    The learned counsel for the respondents submits that in the
               affidavit-in-reply, an unconditional apology has been tendered in
               paragraph Nos.2 and 7 thereof. It is submitted that since the
               respondents have now substantially complied with the directions
               issued by this Court, indulgence may be shown and the present
               proceedings may be dropped.


               5.    Although we find that the respondents did not comply with the
               directions issued by this Court within the stipulated time period
               granted by this Court, eventually they have complied with the
               directions and they have also tendered unconditional apology.
               Considering the fact that respondent No.1 is a doctor and the
               hospital was run by doctors, which appears to be facing financial
               difficulties, we are inclined to accept the plea of showing indulgence
               made on behalf of the respondents.


               6.    We further record an undertaking on behalf of the respondents
               that they shall not act in any manner that would amount to showing
               disrespect to this Court. They are at liberty to pursue the pending
               appeal before the Debts Recovery Appellate Tribunal and proceedings
               before the Debts Recovery Tribunal, in accordance with law.


               7.    The contempt petition is disposed of in above terms.




               (SHREERAM V. SHIRSAT, J.)                       (MANISH PITALE, J.)


Priya Kambli

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