Bombay High Court
Anita Rajinder Rishi vs Deepak Pandurang Pawar on 23 September, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
901. CPCD 20-25 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION NO. 20 OF 2025
IN
INTERIM APPLICATION (L) NO. 2354 OF 2025
Anita Rajjinder Rishi ...Petitioner
V/s.
Om Nootan Infra LLP ...Respondent
WITH
COMMERCIAL EXECUTION APPLICATION NO. 252 OF 2019
WITH
INTERIM APPLICATION NO. 3325 OF 2025
WITH
INTERIM APPLICATION (L) NO. 1029 OF 2025
WITH
INTERIM APPLICATION NO. 2441 OF 2025
WITH
INTERIM APPLICATION (L) NO. 21347 OF 2021
WITH
CHAMBER ORDER (L) NO. 6991 OF 2021
WITH
CHAMBER SUMMONS (L) NO. 751 OF 2019
WITH
INTERIM APPLICATION (L) NO. 651 OF 2021
WITH
INTERIM APPLICATION (L) NO. 30015 OF 2021
Mr. Akash Menon with Mr. Anjana Vijay for the Decree Holder.
Mr. Ditendra Mishra with Mr. Vijay Thakur i/b Thakur and Associates
for the Applicant.
Mr. Hiten S. Shah for the Contemnor-Respondent.
Mr. Ram Singh for the Judgment Debtor.
Ms. Simantini Mohite for the Respondent - SRA in IA 3328 of 2025.
CORAM : ABHAY AHUJA, J.
DATE : 23rd SEPTEMBER, 2025
901. CPCD 20-25 @ connected matters.doc
P.C. :
1. This matter has been listed today on the supplementary board
pursuant to yesterday's order since this matter was called out after 5.00
p.m.
2. It was recorded that neither the Contemnor nor his Advocate was
present despite directions of this Court in order dated 25 th August,
2025. Yesterday it was also directed that the Contemnor to positively
remain present in the Court today, failing which this Court will be
constrained to pass appropriate orders to secure his presence in the
Court.
3. Today, when the matter is called out, Mr. Hiten S. Shah, learned
Counsel appears for the Respondent-Contemnor and submits that the
partner of the Respondent No.1 viz. Narshi Shivdas Vasani was present
in the Court yesterday. However, no such intimation was given either to
the Court Associate nor did the Contemnor appear when the matter
was called out. The matter was as noted above, therefore, adjourned to
today since the matter was called out after 5.00 p.m.
4. Mr. Menon, learned Counsel appears for the Petitioner and fairly
submits that he has been informed by Mr. Shah, learned Counsel for the
901. CPCD 20-25 @ connected matters.doc
Contemnor that a reply to the show cause notice had been filed prior to
the order dated 25th August, 2025, however a copy of the same has not
been furnished to him. Mr. Menon submits that once the copy of the
reply is furnished to him, a rejoinder would be filed. Learned Court
Associate confirms that the reply to the show cause notice has been
filed on 23rd July, 2025.
5. Let a copy of the reply be served upon the learned Counsel for
the Petitioner during the course of the day. Let rejoinder be filed by the
next date with copy to the others.
6. Since the Contemnor has failed to remain present despite
directions of this Court, issue non-bailable standing warrant against the
Contemnor viz. the partner of the Respondent, returnable on 14 th
October, 2025. Let the Contemnor's presence be secured before this
Court on the next date. List on 14th October, 2025.
7. This Court had on 25th August, 2025 also directed the
Prothonotary & Senior Master to place a detailed report as regards the
training of the concerned bailiff and the corrective measures taken to
avoid mindless reports being filed before Courts in view of what was
observed in paragraphs 1 to 4 of the order dated 25th August, 2025.
901. CPCD 20-25 @ connected matters.doc
8. The Prothonotary & Senior Master has filed a detailed report
dated 20th September, 2025.
9. Learned Prothonotary & Senior Master has highlighted that the
training of not only the Bailiffs of the Small Causes Court but also of
the office of the Sheriff, Mumbai along with all concerned supervisory
officers, staff related to issuance of processes of High Court as well as
City Civil Court and Small Causes Court was conducted on 13 th
September, 2025 from 11.00 a.m to 4.30 p.m. by the Prothonotary &
Senior Master himself as well as Mr. Pravin Jagdale, OSD, Testamentary
Department and Civil Judge, Senior Division, Mrs. Parkar, Taxing
Master and Mr. Choudhary, Deputy Sheriff. Learned Prothonotary &
Senior Master has also stated in the said report that the participants
were personally explained to take utmost care to serve the contempt
notices, pursuant to the orders of this Court as well as the serious
attempts and necessary precautions to be taken by all modes of service
provided under the Rules. Learned Prothonotary & Senior Master has
stated that a booklet of how the process is to be issued, executed was
provided to every participant. It is heartening to learn from the said
report that about 200 members participated for the said training which
was held in the Small Causes Court in Mumbai.
901. CPCD 20-25 @ connected matters.doc
10. However, there is another aspect that also emerges from the said
report and that is the huge scarcity of bailiffs. That although the
Government of Maharashtra has created posts of bailiffs in view of the
order dated 14th August, 2011 passed in Civil Application No. 4407 of
2010 in First Appeal Stamp No. 28668 of 2010 by the Hon'ble Justice
A. S. Oka (as His Lordship then was), however, till date no recruitment
has been held. That the MPSC has given advertisement only this year to
fill the posts. That the situation at present is worse than that was
observed in the order dated 9th August, 2011.
11. It has been highlighted in the said report that besides the Deputy
Sheriff, all promotional posts are lying vacant. That only feeder post i.e.
Bailiff and Clerks are available. That at present 16 bailiffs are in the
office of the Sheriff of Mumbai, out of which 6 bailiffs are doing the
work of promotional posts and administrative work. Out of 10 bailiffs
and clerks, 4 bailiffs and clerks are appointed at the City Civil Court,
Dindoshi and at the head office at Mumbai they have only 6 bailiffs and
clerks doing the work of the High Court and the City Civil Court at
Mumbai and Mazgaon.
901. CPCD 20-25 @ connected matters.doc
12. It is startling to note from the report at paragraph 13 that despite
being severely short staffed, last year the Sheriff of Mumbai received
around 32000 processes for service.
13. It is also observed that since all promotional posts are lying
vacant, during the absence of the Deputy Sheriff, the charge of the
Deputy Sheriff is kept at Mantralaya. That in such a situation, it is
difficult to attend to the matters before the High Court as the incharge
in Mantralaya is not aware of the procedure, practice and the matter.
14. A chart at Exhibit - C annexed to the said report showing the
sanctioned strength, working strength and vacant posts is reproduced
as under:-
"Details of Posts Filled in and Vacant in the office of the Sheriff of
Mumbai as on 19/09/2025
Sr. Name of the Post Class No of the Filled Vacant
No. Post Post Post
1 Dy. Sheriff of Mumbai (On Deputation) I 01 01 --
(Gazetted)
2 Section Officer (Gazetted) II 01 -- 01
3 Steno Cum Secretary II 01 01 --
(Non Gazetted)
4 Head Bailiff and Head Clerk III 01 -- 01
5 Second Bailiff & Book Keeper & Cashier III 01 -- 01
6 Third Bailiff & Clerk III 01 -- 01
7 Cashier and Book Keeper III 01 -- 01
8 Account III 01 01 --
9 Bailiff and Clerk III 33 16 17
901. CPCD 20-25 @ connected matters.doc
10 Supervisor IV 01 01 --
11 Havildar IV 01 -- 01
12 Naik IV 01 01 --
13 Peon IV 04 01 03
Total 48 22 26
15. It has also been stated in the report that as far as the Small
Causes Court is concerned, all the processes issued by all Courts in
India including the Hon'ble Supreme Court, High Courts in India and
District Judiciary, in which the parties are residing in Mumbai are
required to be sent to the Court as per the provisions of Order V Rule
22 of the Code of Civil Procedure, 1908 and that the Registry of the
Small Causes Court receives more than 1,00,000 processes every year.
That for service of writs of the Appellate side and of the Original side,
notices are sent to the Small Causes Court.
16. In short, the machinery for effecting service, to say the least, is
not only inadequate but also over burdened.
17. In the year 2011, Hon'ble Justice A. S. Oka, (as His Lordship
then), by order dated 14th September, 2011, had after recording similar
facts highlighting shortage of bailiffs and observing that the
infrastructure cannot be completed unless the State Government
sanctioned the proposal of the office of the Sheriff, had directed the
State Government to act expeditiously.
901. CPCD 20-25 @ connected matters.doc
18. Today we are in the year 2025 and the picture that emerges from
the report of the learned Prothonotary & Senior Master is that the
situation is worse. Paragraphs 12 to 15 of the report clearly highlight
the extreme urgency with which the State Government and the MPSC
are required to act.
19. It does not have to be reiterated that effecting service either of
writs or notices is the very basis of adversarial litigation and unless the
infrastructure is provided for the same, the pendency in the Courts can
in no manner be reduced or even managed.
20. Learned Prothonotary & Senior Master has in paragraph 16
expressed his satisfaction at the training session with the hope and
assurance that inconvenience caused to the Court will not recur. While I
appreciate the positivity expressed by the learned Prothonotary &
Senior Master and expect that continuous training of existing staff will
be conducted at regular intervals of at least twice a year, I am anxious
that until and unless the State Government of Maharashtra acts
expeditiously with respect to the recruitment of bailiffs and filling up
all promotional posts, the Courts will invariably end up passing orders
calling for such reports.
901. CPCD 20-25 @ connected matters.doc
21. Accordingly, let a copy of this order also be served upon the
Secretary, Law and Judiciary of the Government of Maharashtra for
considering the above state of affairs and to act expeditiously with
respect to the recruitment of bailiffs and filling up all the promotional
posts.
22. Let a report addressing the above issues along with timelines for
implementation be placed before this Court by the State Government
within a period of six weeks.
23. Although the matter in which this order is being passed may be
listed on another date, however, as soon as the report is received from
the State Government, let the report be placed before this Court for
further necessary directions with respect to the issues highlighted
above no later than 18th November, 2025.
24. All to act on a copy of this order duly authenticated by the
Associate of this Court.
(ABHAY AHUJA, J.)
