Allahabad High Court
JEET NARAYAN AND ANOTHERversusSHRI PAWAN KUMAR SINDHU
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that while a prima facie case of contempt exists, it would not issue a notice and instead granted the opposite party three months to comply with the original 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 judgment and order dated 15 September 2023 in Civil Misc. Writ Petition No. 33776 of 2008. The court examined whether the alleged non‑compliance amounted to contempt and whether procedural notice was required before proceeding. It found a prima facie case of willful disobedience but decided not to issue a notice at this stage. Instead, the court granted the opposite party an additional three months to comply with the original order, subject to service of the order through a certified copy and self‑addressed envelope. The applicants were directed to provide the necessary envelopes within a week, and the opposite party was required to comply and inform the applicants. The application was ultimately disposed, leaving the matter open for further proceedings if compliance is not achieved.
Issues considered
- Whether the opposite party's failure to comply with the order dated 15‑09‑2023 constitutes contempt of court under Section 12 of the Contempt of Courts Act.
- Whether a notice is required before initiating contempt proceedings in this context.
- Whether the court should grant additional time for compliance before proceeding with contempt sanctions.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- notice requirement
- compliance order
- civil writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2689 of 2026
Jeet Narayan And Another
.....Applicant(s)
Versus
Shri Pawan Kumar Sindhu
.....Opposite
Party(s)
Counsel for Applicant(s) : Dharmendra Kumar Tripathi, Shashank
Tripathi
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 15.09.2023 passed by this
Court in Civil Misc. Writ Petition No.33776 of 2008.
3. It is contended that applicants had filed aforesaid writ, which was
disposed of vide order dated 15.09.2023, 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 15.09.2023 passed by this Court in Civil Misc. Writ Petition
No.33776 of 2008 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. 2689 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
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