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Allahabad High Court

VIJAY BAHADUR SINGHversusSRI ARVIND PANDEY DEPUTY DIRECTOR EDUCATION (MADHAMIK SHIKSHA AYODHYA

Decided
Disposal
DISMISSED AS INFRUCTUOUS

Holding

The contempt application is dismissed in default due to the applicant's failure to appear.

Summary

Vijay Bahadur Singh filed a civil contempt application against Sri Arvind Pandey, Deputy Director of Education. The applicant was represented by counsel Brijesh Kumar Mishra, but neither the counsel nor the applicant appeared before the court. No request for adjournment was made on their behalf. The court, noting the non-appearance, dismissed the contempt application in default. Consequently, any notice that might have been issued against the respondent was discharged.

Issues considered

  • Whether a contempt application can proceed when the applicant's counsel fails to appear and no adjournment is sought
  • Whether dismissal in default is appropriate under the procedural rules

Subjects

  • contempt
  • default dismissal
  • civil procedure
  • high court
  • non-appearance

Judgment

                                                              Neutral Citation No. - 2025:AHC-LKO:701

                                         Court No. - 17

                                         Case :- CONTEMPT APPLICATION (CIVIL) No. - 4337 of
                                         2024

                                         Applicant :- Vijay Bahadur Singh
                                         Opposite Party :- Sri Arvind Pandey Deputy Director
                                         Education (Madhamik Shiksha Ayodhya
                                         Counsel for Applicant :- Brijesh Kumar Mishra

                                         Hon'ble Manish Kumar,J.

                                         Case has been called in the revised list.

                                         Neither the learned counsel for the applicant/ petitioner is
                                         present nor any request has been made on his behalf for
                                         adjournment of the case.

                                         The contempt application is dismissed in default.

                                         Notice, if any, issued against the respondent is discharged.

                                         Order Date :- 6.1.2025
                                         S. Kumar




Digitally signed by :-
SANTOSH KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


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