Allahabad High Court
M/S DEV MOTORS SALES PRIVATE LIMITEDversusNOIDA INDUSTRIAL DEVELOPMENT AUTHORITY AND 2 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application under Order 39 Rule 2‑A must be decided with expedition and without unnecessary adjournments.
Summary
M/S Dev Motors Sales Private Limited filed a petition under Article 227 seeking a direction for the lower court to promptly decide a contempt application (Misc. Case No. 283 of 2025) filed under Order 39 Rule 2‑A of the CPC, alleging non‑compliance with an existing injunction. The High Court observed that once an injunction is in force, any contempt proceeding under Order 39 Rule 2‑A must be heard with utmost expedition and should not be delayed by unnecessary adjournments. The Court therefore disposed of the petition, directing the subordinate court to decide the contempt proceedings without granting adjournments except in truly exceptional circumstances beyond its control. The order emphasizes the need for swift enforcement of injunctions and efficient handling of contempt applications.
Issues considered
- Whether the lower court must decide a contempt application under Order 39 Rule 2‑A of the CPC expeditiously when an injunction is in force
- Whether unnecessary adjournments should be barred in such contempt proceedings
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 2-A
Subjects
- injunction
- contempt
- civil procedure
- order 39 rule 2A
- expedition
- adjournment
- article 227
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 6254 of 2026
M/S Dev Motors Sales Private Limited
.....Petitioner(s)
Versus
Noida Industrial Development Authority And 2
Others .....Respondent(s)
Counsel for Petitioner(s) : Kaushal Kumar Singh, Prakash
Chandra Trivedi, Sr. Advocate
Counsel for Respondent(s) : C.S.C., Kaushalendra Nath Singh
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri K.K.
Singh, learned counsel for the plaintiff-petitioner, Sri Sanjay Kumar
Singh, learned Additional Chief Standing Counsel for the State and Sri
Kaushalendra Nath Singh for the NOIDA.
2. Evidently, the present petition has been preferred for a direction to
decide the contempt application being Misc. Case No. 283 of 2025
purported to be under Section 39 Rule 2-A of the CPC filed by the
plaintiff-petitioner in O.S. No. 608 of 2023.
3. In the opinion of the Court, once there is an injunction order passed
which is still holding the field and an application under Order 39 Rule 2A
is preferred by the party alleging non compliance of the injunction order
then it is to be decided with most expedition without granting unnecessary
adjournment.
4. Accordingly, the petition stands disposed of requiring the court below
to decide the said proceedings without granting unnecessary adjournments
and, in case, adjournments are granted then the same should be in
exceptional circumstances not beyond the control and comprehension
subject to legal impediment.
(Vikas Budhwar,J.)
May 5, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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