Allahabad High Court
MUKESHversusASHWANI KUMAR, BRANCH MANAGER, NAGAR MAHAPALIKA BRANCH
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
A prima facie case of contempt exists, but the court refrains from issuing a notice and instead grants the opposite party time to comply with the original order.
Summary
The applicant, Mukesh, filed a contempt application under Section 12 of the Contempt of Courts Act against Ashwani Kumar, a bank branch manager, alleging willful disobedience of a judgment dated 12‑08‑2025 in Writ Petition No. 11598 of 2025. The order was served on the opposite party on 08‑09‑2025, but the court found that it had not been complied with. The bench held that a prima facie case of contempt existed, yet it declined to issue a notice and instead granted the opposite party three months to comply with the original order. The court directed the applicant to provide stamped envelopes for service of the order and stipulated that the opposite party must inform the applicant of compliance within a week of receipt. If compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of at this stage pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 12‑08‑2025 amounts to 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
- High Court of Allahabad
- writ petition
- compliance order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2796 of 2026
Mukesh
.....Applicant(s)
Versus
Ashwani Kumar, Branch Manager, Nagar
Mahapalika Branch .....Opposite
Party(s)
Counsel for Applicant(s) : Birendra Pratap Yadav, Krishna Kant
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 12.08.2025 passed by this
Court in Writ Petition No. 11598 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
12.08.2025. Copy of the order of writ Court was served upon opposite
party on 08.09.2025 through registered post, 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 12.08.2025 passed by this Court in Writ Petition No. 11598 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
CAPL No. 2796 of 2026
2
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 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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