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Allahabad High Court

SANTOSH KUMARversusDIPESH RAJ, CHIEF GENERAL MANAGER (LOCAL) STATE BANK OF INDIA LOCAL HEAD OFFICE, MOTI MAHAL MARG, H

Decided

Holding

The contempt application is consigned to the record pending the outcome of the stay order.

Summary

Santosh Kumar filed a contempt application against Dipesh Raj and others, alleging they failed to comply with an order dated 21 May 2026 in Special Appeal No.558 of 2026. The Allahabad High Court, on 6 August 2026, directed the opposite party's counsel to obtain further instructions. On 2 September 2026, the opposite counsel produced an order staying the judgment of the special appellate bench in SLP (C) No.29503 of 2026 (Chief General Manager & ors v. Santosh Kumar). Following this, the applicant’s counsel requested that the contempt proceeding be consigned to the record, allowing the applicant to revive it after the outcome of the SLP. The Court agreed and consigned the contempt application to the record, leaving it open for future action.

Issues considered

  • Whether the contempt application should proceed when the judgment it seeks to enforce is stayed by a higher court.

Subjects

  • contempt
  • non‑compliance of order
  • stay of judgment
  • High Court
  • procedural liberty

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                CONTEMPT APPLICATION (CIVIL) No. - 5205 of 2026

                                    Santosh Kumar
                                                                                                      .....Applicant(s)
                                                                         Versus

                                    Dipesh Raj, Chief General Manager (Local) State Bank Of
                                    India Local Head Office, Moti Mahal Marg, Hazratganj
                                    And Another                                                  .....Opposite Party(s)

                                    Counsel for Applicant(s)                      :   Rajendra Singh Chauhan
                                    Counsel for Opposite Party(s)                 :   Shruti Malviya

                                    Court No. - 53
                                                            HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard.

                                    2. The present contempt application has been preferred alleging non-
                                    compliance of the order dated 21.05.2026 passed in Special Appeal
                                    No.558 of 2026.

                                    3. This Court on 06.08.2026 required the learned counsel for the opposite
                                    party to obtain instructions.

                                    4. Today, Ms. Shruti Malviya, learned counsel for the opposite party has
                                    produced before this Court the order dated 02.09.2026 passed in Special
                                    Leave to Appeal (C) No.29503 of 2026 (Chief General Manager & ors v.
                                    Santosh Kumar) whereby the judgment of the special appellate bench has
                                    been stayed.

                                    5. At this juncture, learned counsel for the applicant, as per instructions
                                    received from his client, submits that present contempt application be
                                    consigned to record, leaving it open for the applicant to revive the same or
                                    to file afresh post outcome and fate of the aforesaid S.L.P.

                                    6. Accordingly, the contempt application stands consigned to record with
                                    the aforesaid liberty.



                                                                                              (Vikas Budhwar,J.)
                                    September 8, 2026
                                    Prachi




Digitally signed by :-
PRACHI KESARWANI
High Court of Judicature at Allahabad


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