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Bombay High Court

SHAMSHAD MIYALAL NAIKWADIversusTHE STATE OF MAHARASTRA OFFICE OF THE GOVERNMENT PLEADER MUMBAI

Disposal
Disposed Off

Holding

Paragraph 3 of the order is not an interim injunction and there is no contempt as the private respondents have not engaged in contumacious conduct.

Summary

The petitioners alleged contempt on the ground that paragraph 3 of the Court's order dated 29 August 2024, which stated that "none of the parties would claim any disbursement" pending settlement, amounted to an interim injunction restraining the private respondents from claiming compensation. The petitioners argued that the respondents' claim for disbursement violated this provision. The Court examined the order holistically and held that the paragraph was a procedural observation intended to preserve the settlement process, not a binding interim restriction. Since no settlement was reached, the respondents were not in contempt for seeking disbursement. Finding no contumacious conduct, the Court declined to exercise its contempt jurisdiction and disposed of the petition.

Issues considered

  • Whether paragraph 3 of the order dated 29 August 2024 constitutes an interim injunction restraining the private respondents from claiming disbursement.
  • Whether the respondents' claim for disbursement amounts to contempt of court.
  • Whether the Court has jurisdiction to entertain a contempt petition in these circumstances.

Subjects

  • contempt
  • interim relief
  • settlement
  • disbursement
  • civil procedure
  • contempt jurisdiction

Judgment

2026:BHC-KOL:8476-DB

                                                                                     23-CP-566-2025.doc


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIRCUIT BENCH AT KOLHAPUR
                                         CIVIL APPELLATE JURISDICTION

                                  CONTEMPT PETITION NO. 566 OF 2025

               Shamshad Miyalal Naikwadi And Ors.                                  ...Petitioners
                         Versus
               The State Of Maharashtra Office Of The Government ...Respondents
               Pleader Mumbai And Ors.
                                                    ——————
               Mr. Prafulla Shah (Through VC), for the Petitioner.
               Mr. S. B. Kalel, AGP for the Respondent-State.
               Adv. I.M.Khairdi a/w Adv. M.S.Mulla, Adv. Ruturaj Kadam, for the Respondent
               Nos. 3 to 6.
                                                    ——————
                                                      Coram :       SHARMILA U. DESHMUKH &
                                                                    NEERAJ P. DHOTE, JJ.
                                                      Date      : SEPTEMBER 03, 2026
               P. C. :

               1.        The contempt is alleged of the order dated 29 th August, 2024

               which reads as under :

                     “1. Mr. Shah, learned Counsel appearing for the petitioners as also Mr.
                     Sabban, learned Counsel appearing for respondent Nos.3 to 6, on the
                     instructions of his clients who are present in the Court, fairly state that an
                     attempt can be made to resolve the dispute on apportionment of
                     compensation. Mr. Sabban has also informed Mr. Shah of the amounts which
                     can be offered to the petitioners.
                     2. In our opinion and it is in the interest of parties that a settlement can be
                     worked out. Accordingly, stand over to 5 September 2024. To be shown on
                     the 'Supplementary Board', to be listed under the caption 'For Settlement'.
                     3. Needless to observe that in the meantime, none of the parties would claim
                     any disbursement.”


               2.        The contention of Mr. Shah is that paragraph 3 of the order

               constitutes an interim relief pending the hearing and final disposal of


               Arya Chavan                             1 of 2
                                                          23-CP-566-2025.doc


the Petition, and as disbursement has been claimed by the Respondent,

contempt is alleged.

3.      The order of 29th August, 2024 will have to be read holistically.

This Court noted that an attempt can be made to resolve the dispute on

apportionment of compensation, and in view thereof observed that in

the meantime, none of the parties would claim any disbursement. It is

an admitted position that settlement did not take place. Paragraph 3 of

the order dated 29th August, 2024 cannot be construed as

ad-interim/interim relief passed restraining the private Respondents

from claiming disbursement. The arrangement observed in paragraph 3

of the order was only pending the settlement in order to ensure that

the issue is not precipitated.

4.      As there is no settlement, it cannot be said that by withdrawal of

the compensation, there is non-compliance of the order dated 29 th

August, 2024. The contention of Mr. Shah that the order was continued

from time to time is misconceived, as subsequent order notes “ad-

interim relief, if any, to be continued till the next date”. As we do not

find any contumacious conduct on part of the private Respondents, we

are not inclined to exercise contempt jurisdiction. The Petition stands

disposed of.




 [NEERAJ P. DHOTE, J.]                     [SHARMILA U. DESHMUKH, J.]


Arya Chavan                       2 of 2


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