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Allahabad High Court

HARI PRASAD KUSHWAHAversusDR. AKANKSHA VERMA, SECRETARY/ CHIEF EXECUTIVE OFFICER, BANDA, DISTRICT COOPERATIVE BANK LTD.

Decided

Holding

A prima facie case of contempt exists, but the Court refrains from issuing notice and instead grants the opposite party three months to comply with the earlier order.

Summary

The applicant, Hari Prasad Kushwaha, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Dr. Akanksha Verma, willfully disobeyed the High Court's order dated 11‑12‑2025 in Writ Petition No. 17041 of 2025. The order was served on 24‑12‑2025 but, according to the applicant, remained unimplemented. The Court found a prima facie case for contempt but, instead of issuing a notice, directed that the opposite party be given three months to comply and prescribed procedural steps for service of the order. The opposite party must acknowledge compliance within a week of receipt. If compliance is not achieved, the applicant may approach the Court again. The Court disposed of the contempt application at this stage, pending compliance.

Issues considered

  • Whether a prima facie case of contempt exists under Section 12 of the Contempt of Courts Act for alleged willful disobedience of a court order.
  • Whether the Court must issue a notice to the opposite party before proceeding with contempt proceedings.
  • What procedural steps and time‑frames are appropriate for enforcing compliance with the earlier order.

Legislation cited

Subjects

  • contempt
  • willful disobedience
  • court order compliance
  • Section 12
  • High Court
  • procedural directions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 2989 of 2026

Hari Prasad Kushwaha
                                                          .....Applicant(s)
                                  Versus

Dr. Akanksha Verma, Secretary/ Chief Executive
Officer, Banda, District Cooperative Bank Ltd.               .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)          :   Ajit Kumar, Satya Prakash Singh
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 11.12.2025 passed by this
Court in Writ Petition No. 17041 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
11.12.2025. Copy of the order of writ Court was served upon opposite
party on 24.12.2025 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 11.12.2025 passed by this Court in Writ Petition No. 17041 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
and keep a record thereof.
                                                                                           CAPL No. 2989 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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