Bombay High Court
VIJAY NAGORAO SONTAKKE AND ANOTHERversusSUNIL SUDHAKARRAO SURYAWANSHI AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The writ petition was dismissed because the petitioners did not fulfill the undertaking to deposit Rs.10,00,000 within the stipulated period.
Summary
The petitioners filed a writ petition in 2016 seeking relief, and the Court conditioned the issuance of notice on the petitioners depositing Rs.10,00,000 within 15 days. The petitioners failed to make the deposit, and more than nine and a half years later the Court noted the non‑compliance. Consequently, the Court dismissed the writ petition and ordered the pending civil applications to stand disposed. No substantive merits of the petition were addressed beyond the procedural default. The dismissal was based solely on the petitioners' failure to fulfill the stipulated undertaking.
Issues considered
- What is the effect of a petitioner's failure to comply with an undertaking to deposit money as a condition for issuance of notice in a writ petition?
Subjects
- writ petition
- non‑compliance
- undertaking
- dismissal
- civil applications
Judgment
2026:BHC-AUG:46661
1 21-wp-11842-2016.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
WRIT PETITION NO. 11842 OF 2016
Vijay Nagorao Sontakke And Another
VERSUS
Sunil Sudhakarrao Suryawanshi And Another
...
Advocate for the Petitioners : Ms. Priyanka R. Dubey
WITH
CIVIL APPLICATION NO. 7033 OF 2025 IN WP/11842/2016 WITH
CIVIL APPLICATION NO. 7032 OF 2025 IN WP/11842/2016 WITH
CIVIL APPLICATION NO. 7034 OF 2025 IN WP/11842/2016
...
CORAM : ROHIT W. JOSHI, J.
DATED : OCTOBER 05, 2026
P.C.:
1. Perusal of order dated 30.11.2016 indicates that this Court
was not inclined to issue notice, infact this Court has issued notice in
the petition only on undertaking by the petitioners that the amount of
Rs.10,00,000/- will be deposited within a period of 15 days from the
date of order. The said period expired on 15.12.2016. It appears from
the record that the amount as undertaken has not been deposited till
date, although a period of over 9 and ½ years has lapsed since then.
2. Writ Petition is therefore dismissed.
3. Pending civil applications stand disposed of.
[ROHIT W. JOSHI J.]
Mujaheed//
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