Allahabad High Court
ANITAversusR KUMAR @ RAJU KUMAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court did not proceed with contempt proceedings, granting the opposite party additional time to comply and disposing of the application at this stage.
Summary
Anita filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that R Kumar willfully disobeyed the High Court's order dated 20‑11‑2025 in Writ Petition No. 40724 of 2025. The order was served on the opposite party on 08‑12‑2025, but the court found that the party had not complied. While the court recognized a prima facie case of contempt, it chose not to issue a notice at this stage. Instead, the court granted the opposite party three months to comply with the original order and directed the applicant to provide stamped envelopes for service of the order. The opposite party was instructed to comply and inform the applicant within a week of receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of at this stage.
Issues considered
- Whether the alleged non‑compliance with the order dated 20‑11‑2025 constitutes contempt of court 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 before entertaining contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2780 of 2026
Anita
.....Applicant(s)
Versus
R Kumar @ Raju Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Suneel Kumar
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 20.11.2025 passed by this
Court in Writ Petition No. 40724 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
20.11.2025. Copy of the order of writ Court was served upon opposite
party on 08.12.2025 personally, but according to the applicant, the said
order 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 20.11.2025 passed by this Court in Writ Petition No. 40724 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 two weeks 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 application to the opposite party within one week thereafter
and keep a record thereof.
CAPL No. 2780 of 2026
2
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.)
May 6, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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