Allahabad High Court
MANGLESH KUMARversusBHARAT KUMAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court observed a prima facie case of contempt but, rather than proceeding with contempt proceedings, granted the opposite party three months to comply and disposed of the application pending compliance.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the judgment and order dated 06.01.2026 (corrected on 13.01.2026) in Writ Petition No. 19435 of 2025. The order was served on the opposite party on 04.02.2026, but the applicant claimed it had not been complied with. The court found that a prima facie case of contempt existed but chose not to issue a notice at this stage. Instead, the court granted the opposite party three months from the production of a certified copy of the order 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 receipt. The court held that if compliance is not achieved, the applicant may approach the court again, and disposed of the contempt application pending compliance.
Issues considered
- Whether the alleged non‑compliance with the order constitutes contempt of court under Section 12 of the Contempt of Courts Act.
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings.
- Whether the court can grant a further period for compliance instead of immediately initiating contempt proceedings.
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- Section 12
- High Court of Allahabad
- compliance order
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3051 of 2026
Manglesh Kumar
.....Applicant(s)
Versus
Bharat Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramendra Kumar Shukla
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 06.01.2026, corrected by
order dated 13.01.2026 passed by this Court in Writ Petition No. 19435 of
2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
06.01.2026. Copy of the order of writ Court was served upon opposite
party on 04.02.2026 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 06.01.2026 passed by this Court in Writ Petition No. 19435 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
CAPL No. 3051 of 2026
2
of contempt application to the opposite party 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 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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