Allahabad High Court
PANKAJ KUMARversusMR SANJAY KALA
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, the application is disposed of at this stage, with a three‑month period granted to the opposite party to comply with the order.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the judgment and order dated 10 October 2025 in Writ Petition No. 34508 of 2025. The order had been served on the opposite party on 18 October 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 at this stage and instead granted the opposite party three months to comply with the order. The court directed the applicant to provide stamped envelopes for service of the order and contempt application, and ordered that the court’s office send the documents to the opposite party. The opposite party was further directed to comply with the writ court’s directions and inform the applicant within a week of compliance. If the opposite party fails to comply, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the opposite party’s failure to comply with the order dated 10 Oct 2025 constitutes willful disobedience attracting contempt 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 Judicature at Allahabad
- order compliance
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 2978 of 2026
Pankaj Kumar
.....Applicant(s)
Versus
Mr Sanjay Kala
.....Opposite
Party(s)
Counsel for Applicant(s) : Bholeshwar, Sanjay Kumar Bharati
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 10.10.2025 passed by this
Court in Writ Petition No. 34508 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
10.10.2025. Copy of the order of writ Court was served upon opposite
party on 18.10.2025 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 10.10.2025 passed by this Court in Writ Petition No. 34508 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
CAPL No. 2978 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 5, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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