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Allahabad High Court

DR MADHURI SINGHversusDR BINDRAWAN LAL SHARMA

Decided

Holding

The court held that while a prima facie case of contempt exists, the opposite party must be given a further opportunity to comply before contempt can be adjudicated.

Summary

Dr. Madhuri Singh filed a contempt application against Dr. Bindrawan Lal Sharma for allegedly refusing to comply with a judgment dated 22 September 2025 in Civil Misc. Writ Petition No. 14307 of 2025. The order was served to the opposite party on 29 September 2025, but the court found that the order had not been obeyed. The court examined whether a contempt proceeding could be initiated without first issuing a notice to the opposite party. It held that a prima facie case existed but that procedural fairness required giving the opposite party an opportunity to comply. Accordingly, the court granted the opposite party three months to comply and directed the court office to serve the order and contempt application to the opposite party. The contempt application was disposed of pending compliance, with the applicant permitted to approach the court again if the order remains unfulfilled.

Issues considered

  • Whether a contempt application can be entertained for willful disobedience of a prior judgment without a prior notice to the opposite party

Subjects

  • contempt
  • willful disobedience
  • civil writ
  • order compliance
  • procedural fairness

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 3033 of 2026

Dr Madhuri Singh
                                                           .....Applicant(s)
                                  Versus

Dr Bindrawan Lal Sharma
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)      : Abhishek Singh, Adarsh Singh, 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
22.9.2025 passed by this Court in Civil Misc. Writ Petition No. 14307 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 22.9.2025. Copy of the order was served through registered post on
29.9.2025 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 22.9.2025 passed by this Court in Civil Misc. Writ Petition
No. 14307 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
                                                                                           CAPL No. 3033 of 2026
                                                                   2


                                    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 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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