Behram Bomanji Dubash v. Parkons
Case brief
What is this about?
Contempt petition before Bombay High Court (Amit Borkar, J., 11 March 2026) alleging willful disobedience of a Civil Judge (Senior Division), Pune order dated 12 September 2025 in R.C.S. No. 627 of 2025. Following reliance on Kanwar Singh Saini v. High Court of Delhi, 2012 (4) SCC 307, Court held petitioner has alternative remedy via Contempt of Courts Act proceedings before the same Court, or Order 39 Rule 2A, or Order 39 Rule 11 CPC; petition disposed of with all questions left open for the Civil Court. Keywords: contempt, civil court order, alternative remedy, Kanwar Singh Saini, Contempt of Courts Act, Order 39 Rule 2A, Order 39 Rule 11 CPC, disposed.
What did the court decide?
Since the order allegedly disobeyed was passed by a Civil Court, in view of the judgment in Kanwar Singh Saini v. High Court of Delhi, 2012 (4) SCC 307, the petitioner has an alternative remedy in the form of initiating proceedings under the provisions of the Contempt of Courts Act before the same Court, or under Order 39 Rule 2A, or under Order 39 Rule 11 of the CPC.