Allahabad High Court
RAM LAL AND ANOTHERversusMANISH KUMAR VERMA AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that although a prima facie case of contempt existed, the matter should be adjourned and the opposite party given time to comply before further contempt proceedings.
Summary
The applicants filed a contempt application alleging that the opposite party willfully disobeyed the High Court's order dated 7 January 2026 in Civil Misc. Writ Petition No. 45893 of 2025. The order was served on 22 January 2026, but the opposite party had not complied. The Court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, it granted the opposite party an additional three months to comply and directed the applicants to provide stamped envelopes for service of the order. The Court also stipulated that the opposite party must inform the applicants of compliance within a week of receiving the order, and that the applicants may approach the Court again if compliance is not achieved. Accordingly, the contempt application was disposed of pending compliance.
Issues considered
- Does the opposite party's failure to comply with the writ court's order constitute contempt of court?
- Is it necessary to issue a notice to the opposite party before proceeding with contempt proceedings?
- What procedural relief can the High Court grant in a contempt application where compliance is pending?
Subjects
- contempt
- willful disobedience
- civil writ
- compliance
- High Court
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3034 of 2026
Ram Lal And Another
.....Applicant(s)
Versus
Manish Kumar Verma And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bhagwan Singh Yadav, Shweta Singh
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicants.
2. The present contempt application has been filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
7.1.2026 passed by this Court in Civil Misc. Writ Petition No. 45893 of
2025.
3. It is contended by learned counsel for the applicants that the applicants
had filed the aforesaid writ petition, which was disposed of vide order
dated 7.1.2026. Copy of the order was served through registered post on
22.1.2026 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 7.1.2026 passed by this Court in Civil Misc. Writ Petition No.
45893 of 2025 from the date of production of a certified copy of this
order.
6. The applicants 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. 3034 of 2026
2
this order along with the self-addressed envelope of the applicants 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 applicants 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 applicants 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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