Allahabad High Court
MANOJ KUMARversusMR AZIZ AHMAD
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt exists, it would not issue notice at this stage and instead granted the opposite party three months to comply with the order.
Summary
Manoj Kumar filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that Mr. Aziz Ahmad willfully disobeyed the High Court's order dated 08‑12‑2025 in Special Appeal No. 1187 of 2025. The order was served on the opposite party on 17‑12‑2025, but the court found that it had not been complied with. While the court recognized a prima facie case of contempt, it declined 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 instructed the court office to forward the documents. The opposite party was ordered to comply and inform the applicant within a week of receipt. The application was disposed of pending further compliance, with the possibility of a fresh application if the order remains unfulfilled.
Issues considered
- What constitutes willful disobedience of a High Court order for purposes of contempt under Section 12 of the Contempt of Courts Act?
- Whether the court should issue a notice 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 Allahabad
- compliance order
- notice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3049 of 2026
Manoj Kumar
.....Applicant(s)
Versus
Mr Aziz Ahmad
.....Opposite
Party(s)
Counsel for Applicant(s) : Avanish Kumar Upadhyay, Raj Kumar
Upadhyay
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 08.12.2025 passed by this
Court in Special Appeal No. 1187 of 2025.
3. It is contended that applicant had approached appellate Court through
aforesaid special appeal, which was disposed of vide order dated
08.12.2025. Copy of the order of appellate Court was served upon
opposite party on 17.12.2025 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 08.12.2025 passed by this Court in Special Appeal No. 1187
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. 3049 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 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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