Allahabad High Court

HDB FINANCIAL SERVICE LIMITEDversusASHWANI KUMAR STATION HOUSE OFFICER POLICE STATION- WAZEERGANJ AND ANOTHER

Decided: 7 September 2026
Bench: VIKAS BUDHWAR

Holding

The contempt application is dismissed as withdrawn, with liberty to file a fresh application.

Summary

Hdb Financial Service Limited filed a contempt application against Ashwani Kumar, Station House Officer, alleging a breach of a prior order. The applicant's counsel sought to withdraw the application on the ground of an inherent defect, requesting liberty to file a fresh application. The High Court considered the request and allowed the withdrawal. The court dismissed the contempt application as withdrawn, granting the applicant permission to re‑file if necessary. No merits of the contempt claim were examined.

Issues considered

Whether a contempt application can be withdrawn on the ground of an inherent defect with liberty to re‑file.

Subjects

contempt
withdrawal
inherent defect
re‑filing
civil procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CONTEMPT APPLICATION (CIVIL) No. - 5748 of 2026

                                    Hdb Financial Service Limited
                                                                                                .....Applicant(s)
                                                                       Versus

                                    Ashwani Kumar Station House Officer Police
                                    Station- Wazeerganj And Another                                 .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)            :   Jawahir Yadav, Sarvesh Yadav
                                    Counsel for Opposite Party(s)       :

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

                                    1. Sri Jawahir Yadav, learned counsel for the applicant seeks to withdraw
                                    the present contempt application, on account of inherent defect, with liberty
                                    to file afresh.

                                    2. Accordingly, the contempt application is dismissed as withdrawn with
                                    the aforesaid liberty.

                                    September 8, 2026
                                    N.S.Rathour

                                                                                            (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad

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