Allahabad High Court
PRAMOD KUMAR PANDEYversusPRAMOD TIWARI
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
While a prima facie case of contempt was established, the court disposed of the application, granting the opposite party three months to comply with the original order before any contempt proceedings are pursued.
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 12‑08‑2025 in Writ Petition No. 9010 of 2019. The order had been served on 03‑09‑2025, but the opposite party had not complied. The court observed that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, it granted the opposite party an additional three months to comply with the order, subject to procedural steps involving stamped envelopes. The applicant was directed to provide the necessary envelopes, after which the court would forward the order and contempt application to the opposite party. The court further directed that the opposite party must inform the applicant of compliance within a week of receiving the order. The application was finally disposed pending compliance, with the applicant free to approach the court again if the order remains unfulfilled.
Issues considered
- Whether the opposite party's failure to comply with the order dated 12‑08‑2025 amounts to contempt of court under Section 12 of the Contempt of Courts Act.
- Whether notice should be issued to the opposite party before proceeding with contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- order compliance
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2859 of 2026
Pramod Kumar Pandey
.....Applicant(s)
Versus
Pramod Tiwari
.....Opposite
Party(s)
Counsel for Applicant(s) : Brij Raj Verma, Rajesh 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 12.08.2025 passed by this
Court in Writ Petition No. 9010 of 2019.
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 03.09.2025 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. 9010 of
2019 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
CAPL No. 2859 of 2026
2
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 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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