Allahabad High Court
DINESH SINGHversusSRI ASHOK KUMAR SETH, CHIEF ENGINEER (HUMAN RESOURE ) U.P. RAJYA VIDYUT UTPADAN NIGAM LTD., SHAKTI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, it would not proceed with contempt proceedings and instead granted the opposite party three months to comply, disposing of the application for now.
Summary
The applicant, Dinesh Singh, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Sri Ashok Kumar Seth, willfully disobeyed a judgment and order dated 17‑11‑2025 in Writ Petition No.17221 of 2025. The order was served on 04‑12‑2025, but the opposite party failed to comply. The court observed that a prima facie case of contempt existed but noted that no notice had been issued to the opposite party. Consequently, the court granted the opposite party an additional three months to comply with the order, directing procedural steps for service of the order and a self‑addressed envelope. The court further directed that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes willful disobedience punishable under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before proceeding with contempt proceedings.
- Whether the court may grant a further time period for compliance instead of immediately initiating contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- notice requirement
- time extension
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2517 of 2026
Dinesh Singh
.....Applicant(s)
Versus
Sri Ashok Kumar Seth, Chief Engineer (Human
Resoure ) U.P. Rajya Vidyut Utpadan Nigam Ltd.,
Shakti Bhawan, Extension, 14 Ashok Marg .....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Bajpayee
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 17.11.2025 passed by this
Court in Writ Petition No.17221 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 17.11.2025. Copy of the said order was served to the
opposite party through registered post on 04.12.2025, 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 17.11.2025 passed by this Court in Writ Petition No.17221 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
CAPL No. 2517 of 2026
2
the self-addressed envelope of the applicant with a copy of contempt
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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