Allahabad High Court
SANTOSH KUMARversusDIPESH RAJ, CHIEF GENERAL MANAGER (LOCAL) STATE BANK OF INDIA LOCAL HEAD OFFICE, MOTI MAHAL MARG, H
- Decided
- Bench
- VIKAS BUDHWAR
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
Checking your session…