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Bombay High Court

Shashikala Walmik KateversusPune Municipal Corporation

Decided
Disposal
Disposed Off

Holding

The contempt petition is disposed of as the respondent has complied with the earlier order.

Summary

Shashikala Walmik Kate filed a contempt petition against Pune Municipal Corporation for failing to pay pension arrears as ordered by a Division Bench on 5 December 2024. The earlier order required immediate payment of the arrears with interest. The High Court, noting the breach, directed the corporation to make payment by 21 August 2026 and to have the Municipal Commissioner appear if compliance was not achieved. On the hearing date, the corporation informed the court that the arrears had been paid, and the petitioner’s counsel accepted the receipt. The court accepted the compliance statement, held that no further adjudication was necessary, and disposed of the contempt petition without costs.

Issues considered

  • Did the respondent's failure to pay pension arrears constitute contempt of the earlier court order?
  • Is the contempt petition dischargeable upon the respondent's compliance with the order?

Subjects

  • contempt of court
  • pension arrears
  • municipal corporation
  • court order compliance
  • civil procedure

Judgment

                                                                                                    17_CP_678_2025.DOC



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                         CONTEMPT PETITION NO.678 OF 2025
                      Shashikala Walmik Kate                                                     ...Petitioner
                            Versus
                      Pune Municipal Corporation                                                 ...Respondent
                                                           _______
                      Mr. Sachin Salunke, for Petitioner.
                      Ms. Y. Raut h/f Ms. Manisha Jagtap, for Respondent – PMC.
                      Ms. P.M.J. Deshpande, AGP for Respondent – State.
                                                           _______

                                                        CORAM:          G. S. KULKARNI &
                                                                        DR. NEELA GOKHALE, JJ.
                                                        DATE:           31st AUGUST 2026

                      P.C.

                      1.        On 18th August 2026, we have passed the following order:-

                               “1.       This is a case where there is a brazen breach of the order passed by a
                               Division Bench of this Court dated 05.12.2024, and more particularly when the
                               order in its Paragraph No.15 in clear terms directed that the Respondent shall pay
                               the arrears of the pension to the Petitioner with interest forthwith.
                               2.        Shockingly such clear orders are not being complied till date. We
                               accordingly direct the Respondent – Corporation to place on record the
                               compliance by making payment of the arrears of pension on or before the next
                               date of hearing, failing which we direct that the Municipal Commissioner shall
                               remain present before the Court on the adjourned date of hearing.
                               3.        Stand over to 21st August 2026. To be listed on the ‘Supplementary
                               Board’.
                               4.        This order be immediately communicated to the Municipal
                               Commissioner, Pune.”

                      2.        Today, learned Counsel for the Respondent – Municipal Corporation
                      informs that the entire arrears have been paid and order stands complied. Receipt
                      of the said amount has been agreed by the learned Counsel for the Petitioner.
                      3.        We accept the statement made on behalf of the Respondent – Municipal
                      Corporation. The compliance statement is taken on record.
                      4.        Further adjudication of the present petition is not called for. Contempt
                      Petition accordingly stands disposed of. No costs.


                      (DR. NEELA GOKHALE, J)                                             (G. S. KULKARNI, J.)

PRASAD
RAJENDRASING
RAJPUT
                                                                Page 1 of 1
Digitally signed by
PRASAD
                      Prasad
RAJENDRASING
RAJPUT
Date: 2026.09.01
10:57:21 +0530


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