Allahabad High Court
MANOJ KUMAR SHARMAversusRAVI KUMAR NG CEO, GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY,
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, it was appropriate to grant the opposite party a further three months to comply with the original order before proceeding with contempt proceedings.
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‑Nov‑2024 in Writ Petition No. 37239 of 2024. The order was served on the opposite party on 2‑Apr‑2025, but the court found that it had not been complied with. While the court recognized a prima facie case of contempt, it chose not to issue a notice and instead granted the opposite party an additional three months to comply, directing procedural steps for service of the order. The opposite party was instructed to inform the applicant of compliance within a week of receiving the order. The court held that if compliance is not achieved, the applicant may approach the court again. The contempt application was therefore disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the order dated 12‑Nov‑2024 amounts to contempt of court under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued before proceeding with contempt proceedings.
- Whether the court may grant a further period for compliance before taking contempt action.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- High Court order
- Section 12
- procedural directions
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2963 of 2026
Manoj Kumar Sharma
.....Applicant(s)
Versus
Ravi Kumar Ng Ceo, Greater Noida Industrial
Development Authority, .....Opposite
Party(s)
Counsel for Applicant(s) : Amit Singh Yadav, Gautam 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 12.11.2024 passed by this
Court in Writ Petition No. 37239 of 2024.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
12.11.2024. Copy of the order of writ Court was served upon opposite
party on 02.04.2025 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 12.11.2024 passed by this Court in Writ Petition No. 37239 of
2024 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. 2963 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 5, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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