Grescasa India Pvt. Limited v. Mansi Shah
Case at a glance
- Decided
- 01 Apr 2026
- Bench
- AMIT BORKAR
Provisions considered
- Code of Civil Procedure, 1908 O. XXI r. 32
- Contempt of Courts Act, 1971 s. 20
- Constitution of India art. 215
Key paragraphs
- Para 22. In view of the aforesaid, all contentions of the petitioner are kept open to be agitated by instituting appropriate proceedings 1 under Order XXI Rule 32 of the Code of Civil Procedure, 1908 before the competent Civil Court. The present contempt petition stands disposed…
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.74 OF 2026 SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Grescasa India Pvt. Limited Through Authorized Accounts Officer Walliam B. V/s. Mansi Shah Proprietor of Mansi Ceramics … Petitioner … Respondent Mr. Sandeep R. Jalan, for the Petitioner. CORAM : AMIT BORKAR, J. DATED : APRIL 1, 2026 P.C.:
The petitioner alleges breach of the order passed by the City Civil Court. It is, however, evident that an efficacious and alternative remedy is available to the petitioner to approach the Civil Court under Order XXI Rule 32 of the Code of Civil Procedure, 1908, for redressal of the grievance pertaining to willful disobedience of the said order. In such circumstances, this Court is not inclined to exercise its jurisdiction either under Section 20 of the Contempt of Courts Act, 1971 or under Article 215 of the Constitution of India. The said position of law stands settled by the Supreme Court in Kanwar Singh Saini v. High Court of Delhi, (2012) 4 SCC 307.
In view of the aforesaid, all contentions of the petitioner are kept open to be agitated by instituting appropriate proceedings 1 under Order XXI Rule 32 of the Code of Civil Procedure, 1908 before the competent Civil Court. The present contempt petition stands disposed of accordingly. (AMIT BORKAR, J.) 2
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. XXI r. 32; Contempt of Courts Act, 1971 — s. 20; Constitution of India — art. 215.
Which court decided this case, and when?
Bombay High Court, on 01 Apr 2026. The bench was AMIT BORKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.