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Bombay High Court

HIGH COURT ON ITS OWN MOTIONversusMR. RAMESH RAOSAHEB NANGNURE

Decided
Disposal
Disposed Off

Holding

The contempt notice was discharged because the respondent demonstrated compliance with the undertaking and provided an assurance to continue payments.

Summary

The High Court, acting suo moto, issued a contempt notice against Mr. Ramesh Raosaheb Nangnure for breaching an undertaking recorded in an order dated 9 January 2026. The respondent appeared before the court, seeking time to comply with the undertaking. On 1 September 2026, the respondent filed an affidavit accompanied by a bank proof of payment, asserting that the full amount due under the undertaking had been transferred to the original applicant's account. The respondent also assured the court of continued monthly payments as ordered by the trial court. Accepting the affidavit and the assurance as compliance, the court discharged the contempt notice and disposed of the suo moto contempt petition.

Issues considered

  • What is the appropriate judicial response when a party alleged to have breached an undertaking to the court subsequently provides evidence of compliance and offers further assurance of future compliance?

Subjects

  • contempt
  • undertaking
  • compliance
  • suo moto
  • civil appellate jurisdiction
  • discharge

Judgment

                                                                      2-smcpc-5-2026.doc




           varsha
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                            SUO MOTO CONTEMPT PETITION NO. 5 OF 2026


                     High Court on its own motion                     … Petitioner
                                vs.
                     Mr. Ramesh Raosaheb Nangnure                     … Respondent


                     Mr. Sumeet S. Tidake a/w. Mr. Saiprasad N. Umrani, Mr. Akshay A.
                     Dethe for the Respondent.
                                                     CORAM : GAURI GODSE, J.
                                                         DATED : 3rd SEPTEMBER 2026


                     ORDER:

        Digitally
        signed by
        VARSHA
                     1.    Since there was a breach of an undertaking given to this court
VARSHA VIJAY
VIJAY   RAJGURU
RAJGURU Date:
        2026.09.03
        14:52:01
        +0530        as recorded in the order dated 9th January 2026, a suo moto

                     contempt notice was issued to the respondent. The respondent

                     appeared before this court and had requested for time to comply

                     with the undertaking.

                     2.    The contemnor is present in court today. Learned counsel for

                     the contemnor has tendered an affidavit dated 1 st September 2026,

                     stating that the entire amount as per the undertaking given to this

                     court is transferred to the account of the original applicant. The

                     proof of payment issued by the bank is also annexed to the affidavit.

                     The affidavit is taken on record.
                                                   Page no. 1 of 2
                                               2-smcpc-5-2026.doc



3.    Learned counsel for the contemnor on instructions submits

that the monthly payment is regularly paid by the respondent and he

assures and undertakes to this court that he shall continue to pay

the monthly payment as per the trial court’s order. Statement made

on behalf of contemnor is accepted as an assurance and

undertaking to this court.

4.    In view of the compliance made by the contemnor and the

further assurance given to this court, the contempt notice issued

vide order dated 8th April 2026 passed in Miscellaneous Civil

Application (St) No. 36376 of 2025, stands discharged.

5.    The Suo Moto Contempt Petition stands disposed of in the

aforesaid terms.



                                               (GAURI GODSE, J.)




                             Page no. 2 of 2


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