Allahabad High Court
KRISHNA KUMAR SRIVASTAVAversusSHRI RAVI KUMAR GUPTA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that while the opposite party’s non‑compliance amounts to prima facie contempt, the matter should be deferred by granting a compliance period instead of issuing a notice at this stage.
Summary
The applicant filed a contempt application alleging that the opposite party willfully disobeyed the Court’s order dated 1 May 2025 in Criminal Misc. Writ Petition No. 1132 of 2025. The order had been served on 9 Oct 2025 but remained unimplemented. The Court found a prima facie case of contempt but, noting procedural requirements, declined to issue a notice at this stage. Instead, the Court granted the opposite party three months from receipt of a certified copy to comply, and directed the applicant to provide stamped envelopes for service of the order. The opposite party was instructed to comply and inform the applicant within a week of compliance, failing which the applicant may approach the Court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Does the opposite party’s failure to comply with the order dated 1 May 2025 constitute contempt of court?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
Subjects
- contempt of court
- judgment compliance
- procedural law
- civil contempt
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3025 of 2026
Krishna Kumar Srivastava
.....Applicant(s)
Versus
Shri Ravi Kumar Gupta And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeja Srivastava, Sr. Advocate
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 for punishing the
Opposite Party for willful disobedience of the judgment and order dated
1.5.2025 passed by this Court in Criminal Misc. Writ Petition No. 1132 of
2025.
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 1.5.2025. Copy of the order was served on 9.10.2025 but till date
the order of writ Court has not been complied with.
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 1.5.2025 passed by this Court in Criminal Misc. Writ Petition
No. 1132 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 parties and another self-addressed envelope to
the office within two weeks from today. The office shall send a copy of
CAPL No. 3025 of 2026
2
this order along with the self-addressed envelope of the applicant with a
copy of contempt application to the opposite parties 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 6, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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