Allahabad High Court
SITA RAM GUPTAversusSHRI CHANDRA MOHAN GARG
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that although a prima facie case of contempt existed, it should first grant the opposite party a further three months to comply before proceeding with contempt proceedings.
Summary
The applicant, Sita Ram Gupta, filed a contempt application under Section 12 of the Contempt of Courts Act alleging that the opposite party, Shri Chandra Mohan Garg, willfully disobeyed a judgment dated 27.01.2026 in Writ Petition No. 56746 of 2013. The order was served on the opposite party on 23.02.2026, but the court found that compliance had not been achieved. 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 an additional three months to comply, subject to procedural steps involving stamped envelopes. The court directed the applicant to provide the necessary envelopes within two weeks and stipulated that the court would forward the order to the opposite party. If the opposite party still fails to comply, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- What constitutes willful disobedience of a court order under Section 12 of the Contempt of Courts Act?
- Whether the court should issue a notice of contempt at the preliminary stage or grant time for compliance?
Legislation cited
- Contempt of Courts Act — s. 12
Subjects
- contempt of court
- willful disobedience
- judgment execution
- procedural directions
- Section 12
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3054 of 2026
Sita Ram Gupta
.....Applicant(s)
Versus
Shri Chandra Mohan Garg
.....Opposite
Party(s)
Counsel for Applicant(s) : Vineet Pandey
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 27.01.2026 passed by this
Court in Writ Petition No. 56746 of 2013.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
27.01.2026. Copy of the order of writ Court was served upon opposite
party on 23.02.2026 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 27.01.2026 passed by this Court in Writ Petition No. 56746 of
2013 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. 3054 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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