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Bombay High Court

SHAMSHUL ISHRAR KHANversusALKA CHANDEWAR

Decided
Disposal
Disposed Off

Holding

Observations in the interim order dated 2 April 2026 are prima facie and do not bind the outcome of the pending petition.

Summary

The appellant, Shamshul Ishrar Khan, sought relief in a contempt appeal, arguing that a prior order of the Single Judge in Commercial Arbitration No.19 of 2015, clarified by a later court order dated 15 July 2026, had fully addressed his grievances, rendering further adjudication unnecessary. The appellant also contended that observations made in an interim order dated 2 April 2026 were merely tentative and should not affect the pending petition. The court held that the observations in the interim order are to be treated as prima facie and have no binding effect on the outcome of the petition. Consequently, the court found no remaining issue for determination and disposed of the contempt appeal. The disposal of the appeal also led to the dismissal of the related interim application.

Issues considered

  • What is the effect of the observations made in the interim order dated 2 April 2026 on the pending petition?
  • Whether the clarification order dated 15 July 2026 fully resolves the appellant's grievances, obviating the need for further adjudication.

Subjects

  • contempt
  • interim order
  • prima facie observation
  • appellate jurisdiction
  • disposal of appeal

Judgment

                        Digitally
                                                         28-CAPL-2-2026+1.DOC
                        signed by
                        CHITRA
             CHITRA     SANJAY
             SANJAY     SONAWANE
             SONAWANE   Date:
                        2026.09.02
                        11:17:41
                        +0530




                                                                     Chitra Sonawane.

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                  CONTEMPT APPEAL NO.2 OF 2026
                                         WITH
            INTERIM APPLICATION NO.5003 OF 2026
                                           IN
                  CONTEMPT APPEAL NO.2 OF 2026


Shamshul Ishrar Khan                                             …Appellant.
      Versus
Alka Chandewar                                               …Respondents


Mr. Atul Damle, Sr. Advocate i/by Abhinav Dubey, Ankit Dhindale
      and Mridul Das for the Appellant.
Mr. Rahul Moghe i/by Sameer Bhalekar for Respondent.



                               CORAM:        SUMAN SHYAM &
                                             ADVAIT M. SETHNA, JJ.
                               DATED:        31st AUGUST 2026.
PC:-


1.     Mr. Atul Damle, learned Senior Counsel appearing on behalf
of the Appellant has produced a copy of Order dated 14th August
2026, passed by the learned Single Judge, in Commercial
Arbitration No.19 of 2015 with connected matters, to submit that
in view of Order dated 15th July 2026, passed by this Court in this
proceeding, the learned Single Judge has issued the necessary
clarification, thus redressing the grievances of the Appellant.
Therefore, nothing further survives for adjudication in this Appeal.




                                        Page 1 of 2
                                              28-CAPL-2-2026+1.DOC




The learned Senior Counsel has, however, submitted that the
observations made in the Judgment and Order dated 2nd April
2026, be treated to be tentative and the same may not have any
bearing on the outcome of the Petition pending before the learned
Single Judge. The said submission has not been objected to by the
learned Counsel for the Respondent.

2.    In view of the above, we hereby clarify that observations
made in the interim Order dated 2nd April 2026, shall be treated
as prima facie in nature and the same shall not have any bearing
on the outcome of the pending Petition.

3.    The Contempt Appeal stands disposed of accordingly.

4.    In view of the disposal of the Contempt Appeal, the interim
application also stands disposed of.



(ADVAIT M. SETHNA, J.)                      (SUMAN SHYAM, J.)
                                                                 {




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