Allahabad High Court
M/S ISHWARI SINGH DAN SAHAY FAL SABZI MANDI THROUGH ITS PROPRIETOR NARESH KUMAR AND 2 OTHERSversusSHRI ANIL KUMAR, PRABHARI SACHIV KRISI UTPADAN MANDI SAMITI, DEBAI, BULANDSHAHR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, notice is not required at this stage and the opposite party must be given a further period to comply with the order.
Summary
The applicants filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's order dated 20‑03‑2025 in Civil Misc. Writ Petition No. 6753 of 2025. The court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it directed the applicants to provide stamped envelopes for service of the order and granted the opposite party three months to comply with the original judgment. The opposite party was also instructed to inform the applicants of compliance within a week of doing so. The court held that if compliance is not achieved, the applicants may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 20‑03‑2025 constitutes willful disobedience punishable as contempt under Section 12 of the Contempt of Courts Act.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- Civil Misc. Writ Petition
- compliance order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2674 of 2026
M/S Ishwari Singh Dan Sahay Fal Sabzi Mandi
Through Its Proprietor Naresh Kumar And 2 Others .....Applicant(s)
Versus
Shri Anil Kumar, Prabhari Sachiv Krisi Utpadan
Mandi Samiti, Debai, Bulandshahr And Another .....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicants.
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 20.03.2025 passed by this
Court in Civil Misc. Writ Petition No.6753 of 2025.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 20.03.2025, 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 20.03.2025 passed by this Court in Civil Misc. Writ Petition
No.6753 of 2025 from the date of production of a certified copy of this
order.
6. The applicants 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
CAPL No. 2674 of 2026
2
order along with the self-addressed envelope of the applicants 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 applicants 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 applicants 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
Checking your session…