Allahabad High Court
SUNIL KUMARversusSHRI DEEPAK KUMAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the Court deferred punitive action by granting the opposite party additional time to comply with the original order.
Summary
The applicant, Sunil Kumar, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Deepak Kumar, willfully disobeyed the High Court’s order dated 16 July 2025 in Writ Petition No.9694 of 2025. The order had been served on the opposite party on 17 September 2025, but no compliance was shown. The Court observed that a prima facie case of contempt existed but, instead of issuing a notice, it granted the opposite party an additional three months to comply with the order. The Court also directed the applicant to provide stamped envelopes for service of the order and a self‑addressed envelope for the opposite party’s response. If the opposite party fails to comply within the stipulated time, the applicant may approach the Court again. The contempt application was therefore disposed of with these procedural directions.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 16 July 2025 amounts to willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2496 of 2026
Sunil Kumar
.....Applicant(s)
Versus
Shri Deepak Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Shyam Lal
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 16.07.2025 passed by this
Court in Writ Petition No.9694 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 16.07.2025. Copy of the said order was served to the
opposite party through registered post on 17.09.2025, but the said direction
has not been complied with by the opposite party till date.
4. Prima facie, a case has been made out for punishing the opposite party for
willful disobedience of the judgment and order passed in the aforesaid writ
petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months’ further time to comply with the order
dated 16.07.2025 passed by this Court in Writ Petition No.9694 of 2025
from the date of production of a certified copy of this order.
6. The applicant shall supply a duly stamped registered envelope addressed
to the opposite party and another self-addressed envelope to the office within
one week from today. The office shall send a copy of this order along with
the self-addressed envelope of the applicant with a copy of contempt
CAPL No. 2496 of 2026
2
application to the opposite party within one week thereafter and keep a
record thereof.
7. The opposite party shall comply with the directions of the writ court and
intimate the applicant the order through the self-addressed envelop within a
week thereafter.
8. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
9. With the aforesaid observations, this application is finally disposed of at
this stage.
(Rohit Ranjan Agarwal,J.)
April 20, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…