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Bombay High Court

Rajveer Knowledge Foundation Through Sushant PatilversusThe State of Maharashtra

Decided
Disposal
Allowed

Holding

The Court condoned the delay, cancelled the bailable warrant, and allowed the application, while staying the question of recalling the earlier order.

Summary

The High Court considered an interim application filed by Respondent No.13 (Rajveer Knowledge Foundation) seeking condonation of delay in filing the application and cancellation of a bailable warrant issued for non‑appearance in a contempt petition. The warrant had been issued on 2 April 2026 after the applicant failed to appear despite service. The applicant appeared in court on 7 October 2026, represented by counsel, and also sought recall or modification of a prior order concerning reconveyance of property to the petitioners. The court allowed the application, condoning the delay and cancelling the bailable warrant, while directing the applicant and its representative to remain present if required. The request to recall or modify the earlier order was adjourned for consideration on 28 October 2026.

Issues considered

  • Whether the delay in filing the application seeking condonation can be condoned
  • Whether the bailable warrant issued for non‑appearance in the contempt petition should be cancelled
  • Whether the order dated 02‑04‑2026 regarding reconveyance of property should be recalled or modified

Subjects

  • contempt of court
  • bailable warrant
  • condonation of delay
  • interim application
  • property reconveyance
  • court procedure

Judgment

                                                                          3.as.ia.7730.2026.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO.7730 OF 2026
       Digitally
       signed by
       VINA
                                                    IN
VINA   ARVIND
ARVIND KHADPE                        CONTEMPT PETITION NO.73 OF 2025
KHADPE Date:
       2026.10.07
       15:30:44
       +0530
                    Rajveer Knowledge Foundation
                    through Sushant Patil                               … Applicant

                    In the matter between
                    Madhukar Genu Khondge and ors.                    … Petitioners
                           Versus
                    The State of Maharashtra and ors.                 … Respondents
                                                      ***
                    Mr. Rajesh Sahani for the Applicant / Original Respondent No.13.
                    Ms. Anita Chikane i/b. Mr. Amit Karkhanis for Respondent Nos. 2, 3,
                    4, 6,7,8,9 in CP No.73/2025.
                    Ms. Mamta S. Srivastava, AGP for Respondent – State.
                    Mr. S. A. Joshi for Respondent / Original Petitioners in CP.
                    Mr. Rahul Gaikwad i/b. Ms. Komal Singh Graiutas Legal for
                    Respondent No.12.
                    Mr. Sushant Patil – Applicant in-person present.
                                                      ***
                                                         CORAM : M.M. SATHAYE, J.
                                                            DATE   : 7 OCTOBER, 2026
                    P.C. :

                    1.       Heard learned Counsel for the parties. Perused the Application.

                    2.       The Application is filed by Respondent No.13 in the Writ
                    Petition, seeking condonation of delay in filing the Application and
                    cancellation of the bailable warrant issued against the Applicant and
                    its representative Mr. Sushant Patil.

                    3.       The Applicant has also made prayer clause (d) seeking recall /
                    modification of paragraph 2 of the order dated 02.04.2026 about


                    Vina Khadpe                             1
                                                       3.as.ia.7730.2026.doc




steps to be taken to reconvey the property in favour of the Petitioners.

4.     So far as this prayer clause (d) is concerned, learned Counsel
for the Petitioner as well as learned Counsel for Respondent No.2 to 9
seek time to file a Reply. Let the Reply be filed before next date, with
its copy served on the other side.

5.     It appears that despite service upon the present Applicant,
nobody appeared in the Contempt Petition and therefore, on
02.04.2026, bailable warrant was issued. Today, learned Counsel for
the Applicant states that the Applicant is present in the Court who is
duly identified by him.

6.     Considering that the Applicant is present in the Court and has
also engaged an Advocate, the Application is allowed in terms of
prayer clauses (b) and (c) thereby condoning the delay and canceling
the   bailable   warrant   issued    against   the   Applicant        and      its
representative, Mr. Sushant Patil.

7.     The Applicant and its representative are hereby directed to
remain present in the Court, if so required in future.

8.     For consideration of prayer clause (d), stand over to
28.10.2026.



                                                (M.M. SATHAYE, J.)




Vina Khadpe                            2


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