Doctor Cannot Defy Court Order To Vacate Secured Property By Citing Patients' Treatment Needs: Bombay High Court
The Bombay High Court has held that doctors cannot claim exemption from complying with a Court order requiring them to vacate a secured property on the ground that patients required treatment. The Court observed that admitting patients in the hospital in defiance of its specific directions amounted to aggravated contempt.
A division bench of Justice Shreeram V. Shirsat and Justice Manish Pitale was hearing a contempt petition filed by LIC Housing Finance Limited against the respondents, concerning the Court's order dated July 7, 2026 in a Writ Petition. The writ petition had been dismissed after noting that the respondents had undertaken before the Debts Recovery Tribunal (DRT) to vacate the subject property, which was a secured asset, within a specified period.
The Court was informed that the respondents had not shifted the patients and had instead admitted 52 further patients in the hospital in defiance of the Court's direction. The Court consequently directed them not to admit any further patient in the hospital.
The respondents tendered an unconditional apology and did not deny that further patients had been admitted after the Court's order. They sought to explain the conduct by stating that some patients required immediate attention and could not be refused treatment.
The Court found the explanation totally unacceptable, observing that the respondents' hospital was not the only hospital in Pune and that there were a number of hospitals where patients could be admitted. It observed:
“The respondents seem to be indicating that if the alleged contemnors are doctors, they can be spared of consequences of willful disobedience of the order of this Court, only on the ground that they found it appropriate to admit patients in the hospital, in the teeth of undertaking given to the competent tribunal and specific order passed by this Court.”
The Court held that such conduct amounted to aggravated contempt and the respondents needed to be dealt with firmly.
“… we are of the opinion that in the first place, directions of this Court must be obeyed. There has to be respect for the Rule of law and majesty of the Court. Otherwise, the whole edifice on which the structure of justice is based, will come crumbling down,” the Court remarked.
Accordingly, the Bench directed the respondents to ensure that the patients presently admitted in the hospital in defiance of its repeated directions were properly shifted to other facilities on or before September 16, 2026.
Case Title: LIC Housing Finance Limited v. Shrirang Sadashiv Gokhale [Contempt Petition No.459 of 2026 in Writ Petition No.8308 of 2026]