Allahabad High Court
PRAMOD KUMAR SINGHversusDINESH SINGH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that, in the absence of notice, contempt proceedings cannot proceed and therefore granted the opposite party time to comply with the original order.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed a judgment dated 25 July 2025 in Writ Petition No.11182 of 2024. The order was served to the opposite party on 7 August 2025, but compliance had not been achieved. The court observed that a prima facie case 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, directing procedural steps for service of the order. The application was disposed of at this stage, with the applicant permitted to approach the court again if compliance is not achieved.
Issues considered
- Whether the opposite party's failure to comply with the order constitutes contempt under Section 12 of the Contempt of Courts Act.
- Whether notice and an opportunity to be heard are required before initiating contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- notice requirement
- compliance
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2667 of 2026
Pramod Kumar Singh
.....Applicant(s)
Versus
Dinesh Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Amar Nath Pandey
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 25.07.2025 passed by this
Court in Writ Petition No.11182 of 2024.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 25.07.2025. Copy of the said order was served to the
opposite party personally on 07.08.2025, 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 25.07.2025 passed by this Court in Writ Petition No.11182 of 2024
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. 2667 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 23, 2026
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
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