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Bombay High Court

HIGH COURT ON ITS OWN MOTIONversusMR. DASHRATH GENU NIKALJE AND ORS.

Decided
Disposal
Disposed Off

Holding

The Court held that the unconditional apology tendered by the contemnors was sufficient to discharge the contempt proceedings.

Summary

The Bombay High Court, acting suo motu, issued a notice under Rule 9 of the Contempt of Courts (Bombay High Court) Rules, 1994 to three respondents for alleged contempt. The respondents filed an unconditional apology affidavit on 20 August 2026. The Court examined the circumstances and found the apology satisfactory. Consequently, the Court held that no further punitive or remedial action was required against the respondents. The suo motu contempt petition (No.11 of 2026) was therefore disposed, and the related criminal writ petition (No.1589 of 2026) was listed for hearing on 1 September 2026.

Issues considered

  • Whether an unconditional apology by alleged contemnors suffices to discharge contempt proceedings under the Contempt of Courts Rules
  • Whether any further sanction or action is warranted after acceptance of the apology

Subjects

  • contempt of court
  • suo motu jurisdiction
  • apology
  • disposal of petition
  • criminal writ petition

Judgment

                                                                             902-SMCPC-11-2026.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                    SUO MOTU CONTEMPT PETITION NO.11 OF 2026
         Digitally
         signed by
         ARJUN        High Court On Its Own Motion                            ...Petitioner
ARJUN    VITTHAL
         KUDHEKAR
VITTHAL
KUDHEKAR Date:
                             Versus
         2026.08.21
         12:42:28     Dashrath Genu Nikalje & Ors.                            ...Respondents
         +0530



                                        CRIMINAL APPELLATE JURISDICTION
                                          WRIT PETITION NO.1589 OF 2026

                      Sakharam Vasantrao Kolsepatil                            ...Petitioner
                              Versus
                      The State of Maharashtra & Anr.                          ...Respondents
                                                      ——————
                      Mr. Vivek V. Salunke, for the Petitioner in Cri. WP/1589/2026.
                      Ms. S. M. Yadav, APP, for the Respondent-State.
                      Mr. Shashikant P. Chaudhari, for Respondent No.2 in Cri. WP/1589/2026.
                                                    ——————

                                                             Coram: Madhav J. Jamdar, J.
                                                             Date: August 20, 2026
                      P.C.:

                      1.      This Court by Order dated 13th August 2026 issued notice under

                      Rule 9 of the Contempt of Courts (Bombay High Court) Rules, 1994 to Mr.

                      Dashrath Genu Nikalje (Respondent No.2), Mr. Prashant Dashrath Nikalje

                      and Mr. Aakash Dashrath Nikalje. The conduct of the Contemnors is set

                      out in the said Order dated 13th August 2026.

                      2.      Mr.      Chaudhari,    learned       Counsel      appears       the

                      Contemnors/Respondents and tenders an Affidavit of unconditional

                      apology of the Respondents dated 20th August 2026.


                      Arjun                              1
                                                    902-SMCPC-11-2026.doc


3.      In the facts and circumstances, apology tendered by the

Contemnors is accepted. No further action needs to be taken against

the Contemnors.

4.      Accordingly, Suo Motu Contempt Petition No.11 of 2026 is

disposed of.

5.      List the Criminal Writ Petition No.1589 Of 2026 on 1st September

2026.


                                               [Madhav J. Jamdar, J.]




Arjun                              2


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