Ms S R Thorat Milk Products Pvt. Ltd. vs Rajesh Kumar — Bombay HC (2025) — LawSathi Research

Ms S R Thorat Milk Products Pvt. Ltd. vs Rajesh Kumar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim direction: respondent afforded opportunity to file a short affidavit showing cause why further contempt proceedings should not be initiated for non-compliance; matter stood over to 16 April, 2025 (H.O.B.); final disposal deferred.

Issue for consideration

Whether the State's failure to issue a Government Resolution and to make payments, despite clear orders of this Court (judgment and order dated 4 December, 2024), amounts to intentional disobedience constituting contempt warranting further proceedings. +1 more

Court's answer

Prima facie, the Court finds substance in the petitioners' contention: the State Government is selective in implementing this Court's orders (instant compliance and payment in Indapur Diary in 2023; compliance via issuance of Government Resolution in Sunfresh Agro Industries), and such selective compliance cannot be a position taken by any public authority, much less when dealing with Court orders.

Ratio / Principle

The Court decides to proceed in the contempt proceedings, but before doing so gives the respondent an opportunity to place on record a short affidavit stating why further proceedings should not be initiated for non-compliance; the affidavit is also to clarify why the selective approach is being adopted; the matter is stood over to 16 April 2025 (H.O.B.).

Detailed headnote1 paragraphs

Bombay High Court (G. S. Kulkarni & Advait M. Sethna, JJ.), 8 April 2025 — Contempt Petition No. 132 of 2025 in Writ Petition No. 10543 of 2023 (with companion petitions; three petitioners: M/s. S.R. Thorat Milk Products Pvt. Ltd., Govind Milk and Milk Products Pvt. Ltd. and M/s. VRS Foods Ltd. vs Rajesh Kumar, Principal Secretary, Dept. of Agriculture, Animal Husbandry, Dairy Development and Fisheries & Ors.). The dairy-company petitioners allege contempt of the Division Bench judgment and order dated 4 December, 2024 (B.P. Colabawalla & Firdosh P. Pooniwalla, JJ.) on the ground that neither a Government Resolution has been issued nor payments made. Counsel contended that in identically placed cases compliance followed promptly — payments to Indapur Diary were made in 2023, and in Sunfresh Agro Industries Pvt. Ltd. a Government Resolution dated 4 April, 2024 (placed on record in Contempt Petition No. 88 of 2025) was issued agreeing to pay. Perusing that Government Resolution, the Court prima facie concluded that the State Government is selective in implementing orders of this Court and held that such selectivity cannot be a position taken by any public authority, particularly when dealing with Court orders. Interim directions: the respondent is to file a short affidavit stating why further contempt proceedings should not be initiated for the non-compliance, which affidavit shall also clarify why the selective approach is being adopted; matter listed for 16 April 2025 (H.O.B.).

5.CP132 & 152_2025.DOC

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CONTEMPT PETITION NO. 132 OF 2025 IN WRIT PETITION NO. 10543 OF 2023

M/s. S.R. Thorat Milk Products Pvt. Ltd. … Petitioner Vs.

Rajesh Kumar, Principal Secretary, Dept. of Agriculture, Animal Husbandry, Dairy Development and Fisheries & Ors.

… Respondents

Govind Milk and Milk Products Pvt. Ltd. … Petitioner Vs.

Rajesh Kumar, Principal Secretary, Dept. of Agriculture, Animal Husbandry, Dairy Development and Fisheries & Ors.

M/s. VRS Foods Ltd. … Petitioner Vs.

Rajesh Kumar, Principal Secretary, Dept. of Agriculture, Animal Husbandry, Dairy Development and Fisheries & Ors. … Respondents

Mr. Kayval Prafulla Shah for the petitioner. Ms. P.J. Gavhane, AGP for the State.

CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATED: 8 April, 2025

Page 1 of 3 8 April, 2025

5.CP132 & 152_2025.DOC

P.C.

In these three petitions, the petitioners are alleging contempt of the judgment and order dated 4 December, 2024 passed by the co-ordinate Bench of this Court (B.P. Colabawalla, J. & Firdosh P. Pooniwalla, J.).

Learned counsel for the petitioners would submit that identical orders were passed by the Division Bench of this Court in Sunfresh Agro Industries Pvt. Ltd. where the Government has accepted the orders and the Government Resolution is issued agreeing to make the payment. It is also his submission that in the case of Indapur Diary, payment was made and which was the case of the petitioner who was identically situated in the present case. It is his contention that despite clear orders of this Court, in the present case, neither Government Resolution is issued nor payments are made. He, accordingly, submits that there is an intentional disobedience of the orders passed by this Court.

Prima facie we find substance in the contention as urged on behalf of the petitioner, as we have also perused the Government Resolution dated 4 April, 2024 in Sunfresh Agro Industries Pvt. Ltd. which was placed on record in Contempt Petition No.88 of 2025. In our opinion, the Government appears to be quite selective in complying with the orders of this Court, as in Indapur Diary the orders were instantly complied and payments were made wayback in the year 2023. Also in case of Sunfresh, orders were complied by issuance of Government Resolution as we noted by us hereinabove. It thus appears to us that the State Government is selective in implementing the orders passed by this Court. This

Page 2 of 3 8 April, 2025

5.CP132 & 152_2025.DOC

cannot be a position to be taken by any public authority much less when dealing with Court orders.

In this view of the matter, prima facie we are convinced that we need to proceed in the present contempt proceedings. However, before doing so, we give an opportunity to the respondent to place on record the short affidavit as to why further proceedings should not be initiated for non-compliance of the orders passed by this Court and subject matter of the present proceedings.

Stand over to 16 April. 2025 (H.O.B.).

The affidavit will clarify as to why the selective approach is being adopted by the State Government.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.)

Page 3 of 3 8 April, 2025

Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 15/04/2025 13:00:28