Allahabad High Court
KALPESH KUMAR YADAVversusARAVIND MALLAPPA BANGARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt exists, the court adjourned the matter and gave the opposite party a further three months to comply before any contempt notice is issued.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the judgment and order dated 28‑05‑2025 in Writ Petition No. 17707 of 2025. The order was personally served on the opposite party on 24‑02‑2026, but no compliance was shown. The court observed that a prima facie case of contempt existed but refrained from issuing a notice, instead granting the opposite party three months to comply after a certified copy of the order is produced. The court directed the applicant to provide stamped envelopes for service of the order and a self‑addressed envelope for the opposite party’s response. The opposite party was ordered to comply with the writ court’s directions and inform the applicant within a week of receipt. The court held that if the opposite party fails to comply, the applicant may approach the court again, and the contempt application was disposed of at this stage.
Issues considered
- Does the opposite party's failure to comply with the order constitute contempt under Section 12 of the Contempt of Courts Act?
- Is it necessary to issue a notice to the opposite party before initiating contempt proceedings?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- Contempt of Courts Act
- Section 12
- Willful disobedience
- Writ petition
- Order compliance
- High Court of Allahabad
- Procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2524 of 2026
Kalpesh Kumar Yadav
.....Applicant(s)
Versus
Aravind Mallappa Bangari
.....Opposite
Party(s)
Counsel for Applicant(s) : Vineet Kumar 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 28.05.2025 passed by this
Court in Writ Petition No.17707 of 2025.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 28.05.2025. Copy of the said order was served to the
opposite party personally on 24.02.2026, 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 28.05.2025 passed by this Court in Writ Petition No.17707 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. 2524 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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