Allahabad High Court
SHASHI KAPOORversusMR RAMESH BABU GUPTA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt existed, the application should be disposed of pending compliance, with the opposite party given a further three months to obey the order.
Summary
The applicant, Shashi Kapoor, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Ramesh Babu Gupta, willfully disobeyed a judgment dated 21‑01‑2026 in Writ Petition No. 664 of 2026. The order was served on 02‑02‑2026, but the opposite party had not complied. The court found a prima facie case of contempt but, noting that no notice had been issued, directed the applicant to provide stamped envelopes for service and granted the opposite party an additional three months to comply. The court also instructed procedural steps for serving the order and stipulated that failure to comply would allow the applicant to approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the judgment constitutes contempt under Section 12 of the Contempt of Courts Act
- Whether notice is required before proceeding with contempt proceedings
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- notice
- compliance
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2502 of 2026
Shashi Kapoor
.....Applicant(s)
Versus
Mr Ramesh Babu Gupta
.....Opposite
Party(s)
Counsel for Applicant(s) : Gaurav Tiwari, Ramesh Kumar
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 21.01.2026 passed by this
Court in Writ Petition No.664 of 2026.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 21.01.2026. Copy of the said order was served to the
opposite party through registered post on 02.02.2026, 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 21.01.2026 passed by this Court in Writ Petition No.664 of 2026 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. 2502 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
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