Allahabad High Court
SATISH CHANDRAversusMANISH KUMAR VERMA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court did not find the opposite party in contempt at this stage and granted further time for compliance, disposing the contempt application.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party willfully disobeyed the Court’s judgment dated 2 December 2022 in Writ Petition No. 14578 of 2020. The order had been served on 5 December 2022 but the opposite party had not complied. The Court noted a prima facie case but declined to issue a notice, instead granting the opposite party three months to comply and directing service of the order via registered envelopes. The Court also ordered the applicant to supply stamped envelopes and set timelines for service and compliance. The application was disposed without finding contempt, leaving open the possibility of a fresh application if non‑compliance persists.
Issues considered
- Whether the opposite party’s failure to comply with the order constitutes contempt under Section 12 of the Contempt of Courts Act
- Whether a notice is required before initiating contempt proceedings
- Whether the Court may grant additional time for compliance before finding contempt
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court
- Writ Petition
- compliance
- service of order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2977 of 2026
Satish Chandra
.....Applicant(s)
Versus
Manish Kumar Verma And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brajesh Kesarwani, Surendra Kumar
Jaiswal
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Learned counsel for the applicant states that he wants to delete the
opposite party no.1 from the array of parties. He is permitted to do so
during course of the day.
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 02.12.2022 passed by this
Court in Writ Petition No.14578 of 2020.
3. It is contended that applicant had filed aforesaid writ, which was disposed
of vide order dated 02.12.2022. Copy of the said order was served to the
opposite party personally on 05.12.2022, 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 02.12.2022 passed by this Court in Writ Petition No.14578 of 2020
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
CAPL No. 2977 of 2026
2
one week 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.
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
SK Goswami
Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad
Checking your session…