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Allahabad High Court

TARUN KUMARversusASMITA LAL AND 2 OTHERS

Decided

Holding

The court held that while a prima facie case of contempt exists, the opposite parties are granted a further three months to comply with the order before any contempt proceedings can continue.

Summary

The applicant filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite parties willfully disobeyed the judgment and order dated 14‑11‑2025 in Writ Petition No. 17021 of 2025. The order was served on the opposite parties on 01‑12‑2025, but they 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 parties. Consequently, the court granted the opposite parties an additional three months from the production of a certified copy of the order to comply. The court also directed the applicant to provide stamped envelopes for service of the order and contempt application, and stipulated that the opposite parties must intimate compliance within a week thereafter. The application was finally disposed pending compliance, with the applicant free to approach the court again if the order remains unfulfilled.

Issues considered

  • Whether the opposite parties' failure to comply with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act
  • Whether notice is required before proceeding with contempt proceedings
  • Whether the court should grant additional time for compliance before taking further action

Legislation cited

Subjects

  • contempt of court
  • willful disobedience
  • Section 12
  • High Court of Allahabad
  • compliance order
  • procedural direction

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
             CONTEMPT APPLICATION (CIVIL) No. - 2523 of 2026

Tarun Kumar
                                                                 .....Applicant(s)
                                    Versus

Asmita Lal And 2 Others
                                                                    .....Opposite
                                                                          Party(s)

Counsel for Applicant(s)      : Birendra Singh, Ratan Singh, Swati
                                Singh
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 14.11.2025 passed by this
Court in Writ Petition No.17021 of 2025.

3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 14.11.2025. Copy of the said order was served to the
opposite party personally on 01.12.2025, 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 14.11.2025 passed by this Court in Writ Petition No.17021 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. 2523 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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