Bombay High Court
IBRAHIM ELECTRICWALA AND ANR.versusLOGIC SUPPLY CHAIN SOLUTION PVT. LTD
- Decided
- Disposal
- Disposed Off
Holding
Both the civil revision application and the contempt petition were held to be infructuous and were disposed of, with the contempt notice discharged.
Summary
The civil revision application (CRA‑541‑2019) arose from an interim order in a suit for possession filed by the applicants. During the pendency of the revision, applicant No.1 died and the respondent handed over possession, leading the original suit to be withdrawn. The court held that, in view of the withdrawal, the revision application became infructuous and disposed of it accordingly. A related contempt petition (Petition No. 478 of 2021) alleged the respondent’s breach of an order directing payment of license fees. The applicant informed the court that one of the directors against whom the contempt notice was issued had also died, the court receiver was discharged, and the remaining applicant no longer wished to pursue recovery of the fees. Consequently, the court disposed of the contempt petition and discharged the contempt notice.
Issues considered
- What is the effect on a civil revision application when the underlying suit is withdrawn and possession is handed over?
- Does a contempt petition survive when the underlying dispute has been resolved and the parties no longer seek enforcement of the original order?
Subjects
- civil revision
- contempt
- possession
- license fees
- suit withdrawal
- court receiver discharge
- death of party
Judgment
2026:BHC-AS:38164
11-CRA-541-2019.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 541 OF 2019
Swapnil
Ibrahim Electricwala and Anr. …Applicants
Vs.
Logic Supply Chain Solution Pvt. Ltd. …Respondent
WITH
CONT. PETITION NO. 478 OF 2021
Ms. Nidhi Salim i/b. M/s. Apex Law Partners for the applicant
in CRA/541/2019.
CORAM : GAURI GODSE, J.
DATE : 18th SEPTEMBER 2026
ORDER :
1. This civil revision application arises out of an interim
order passed in a suit for possession filed by the revision
applicant.
2. Learned counsel for the applicant submits that
applicant no.1 has expired. She further submits that during
the pendency of this civil revision application the respondent
has handed over the possession to the applicant. Hence, the
suit is withdrawn. In view of withdrawal of the suit, the civil
revision application is rendered infructuous.
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11-CRA-541-2019.docx
3. The civil revision application is disposed of as
infructuous.
CONTEMPT PETITION NO. 478 OF 2021
1. This contempt petition was initiated as the respondent
had committed breach of the order passed by this court
directing payment of the license fees.
2. Learned counsel for the revision applicant submits that
out of the two directors against whom the contempt notice
was issued, one of the director Mr. Ajay Shankar has expired.
She further submits that since the possession is handed
over, the Court Receiver has been discharged. Learned
counsel for the applicant submits that the payment directed
towards the remuneration of the Court Receiver as per order
dated 19th May 2022 is complied with.
3. She further submits that in view of the handing over of
possession the surviving applicant no.2 is not interested to
initiate any proceedings for recovery of license fees.
4. In view of the subsequent developments regarding
handing over of possession and withdrawal of the suit, the
dispute between the parties no longer survives. So far as the
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11-CRA-541-2019.docx
non-payment of license fees is concerned, the revision
applicant no.2 does not intend to prosecute the respondent
regarding recovery of the license fees. Hence, in view of the
subsequent developments nothing would survive for
consideration in the contempt petition.
5. The contempt petition, is therefore, disposed of.
6. The contempt notice stands discharged.
[GAURI GODSE, J.]
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