Allahabad High Court
RAMDHARIversusSRI ASHOK KUMAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt exists, the court refrained from issuing notice and instead granted the opposite party three months to comply, disposing of the contempt application at this stage.
Summary
The applicant 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 27‑01‑2026 in Writ Petition No.2458 of 2026. The order had been served on 17‑02‑2026, but the opposite party had not complied. The court found a prima facie case of contempt but chose not to issue a notice at this stage. Instead, it granted the opposite party an additional three months to comply, directing the applicant to provide stamped envelopes for service of the order. The court also stipulated that the opposite party must inform the applicant of compliance within a week of receiving the order. If compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
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 a notice should be issued to the opposite party before proceeding with contempt proceedings.
- Whether the court can grant additional time for compliance instead of immediately imposing contempt.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2679 of 2026
Ramdhari
.....Applicant(s)
Versus
Sri Ashok Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanju Yadav
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 27.01.2026 passed by this
Court in Writ Petition No.2458 of 2026.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 27.01.2026. Copy of the said order was served to the
opposite party through registered post on 17.02.2026, 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 27.01.2026 passed by this Court in Writ Petition No.2458 of 2026
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. 2679 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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