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Bombay High Court

B B RAJENDRA PRASADversusUNION OF INDIA

Decided
Disposal
Disposed Off

Holding

The Court ordered the respondents to comply with the earlier order within one month and disposed of the contempt petition.

Summary

The petitioner, B B Rajendra Prasad, filed a contempt petition alleging that the respondents, Union of India & Ors., had failed to comply with the Court's order dated 26 September 2023 requiring them to furnish certain documents and information. The respondents submitted a letter indicating willingness to comply if the petitioner provided the required details and asserted that the order had not been appealed before the Apex Court. The Court noted that the respondents' positive statement obviated the need for further delay. It directed that the 2023 order be complied with within one month of the present order’s upload, failing which either party may move for recall of the order. Consequently, the contempt petition was disposed of subject to the compliance directive.

Issues considered

  • Whether the respondents' failure to furnish documents as ordered constitutes contempt of court
  • Whether the order dated 26 September 2023 can be enforced through a compliance directive
  • Whether the parties may seek recall of the order if compliance is not achieved within the stipulated time

Subjects

  • contempt of court
  • compliance with court order
  • Union of India
  • Civil Procedure Code
  • judicial enforcement

Judgment

                                                                                            35.CP.735.2025.doc

        Digitally
        signed by

ANANT
        ANANT
        KRISHNA
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KRISHNA NAIK
NAIK    Date:                           APPELLATE SIDE CIVIL JURISDICTION
        2026.09.22
        11:19:18
        +0530
                                        CONTEMPT PETITION NO. 735 OF 2025

                     B B Rajendra Prasad                                   ....Petitioner
                           V/S
                     Union Of India & Ors.                                 ....Respondents

                     Mr. K. H. Holambe Patil a/w. Mr. Krishna Holamabe, Mr. Nitin S. Murkute for the
                     Petitioner
                     Mr. Dashrath Dube a/w. Mr. Rupesh D. Dubey for the Respondents.


                                         CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                 ADVAIT M. SETHNA, J.

                                         DATE      : 21st SEPTEMBER, 2026.

                     P.C.:


                     1.      Mr. Dube, learned Counsel appears for the Respondents. He has tendered

                     certain documents whereby he tried to impress upon the Court that a

                     letter/communication was addressed to the Petitioner for furnishing certain

                     documents and necessary information. The same is taken on record and marked

                     “X” for identification. He makes a statement that the judgment and order of this

                     Court dated 26th September, 2023 has not been assailed before the Hon’ble Apex

                     Court by the Respondents. He submits that in case the information and details are

                     submitted by the Petitioner, the Order dated 26 th September, 2023 shall be

                     complied with by the Respondents without any further delay. A copy of the said

                     communication/instructions is also furnished to the Petitioner’s Counsel.


                     2.      Once a positive statement of facts has been made by the Respondents as

                     noted above, no purpose would be served to keep this matter pending.



                     AKN                                   1
                                                                   35.CP.735.2025.doc


3.     We direct that the Order dated 26th September, 2023 is positively complied

within one month from the date of uploading of this Order, failing which parties

are at liberty to move for recall of this Order.


4.     The Contempt Petition is Disposed Of in the above terms.



          [ADVAIT M. SETHNA, J.]                    [CHIEF JUSTICE]




AKN                                      2


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