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Allahabad High Court

VISHAL SINGHversusSRI HITESH AGRAWAL

Decided

Holding

The Court disposed of the contempt application, granting further time for compliance and not finding contempt at this stage.

Summary

The High Court considered a contempt application filed by Vishal Singh alleging that Sri Hitesh Agrawal had willfully defied an order dated 12 April 2024 issued in an Article 227 proceeding. The 2024 order directed the trial court to publish a notice in a scheduled newspaper and to proceed with the suit within two months, while also outlining a procedure for service of the order. The applicant claimed that despite service of a certified copy, the opposite party had not complied with the directions. The Court examined whether the alleged non‑compliance amounted to contempt and whether a notice was required before proceeding. It held that the matter should be given further time, directing the applicant to provide stamped envelopes for service and the court to forward the order, and disposed of the contempt application without finding contempt. Consequently, the application was dismissed pending compliance with the procedural steps.

Issues considered

  • Whether the opposite party's alleged failure to comply with the order dated 12‑April‑2024 constitutes contempt of court.
  • Whether a notice is required before initiating contempt proceedings in the present circumstances.

Subjects

  • contempt of court
  • Article 227
  • Civil Procedure Code
  • non‑compliance with court order
  • order enforcement

Judgment

               HIGH COURT OF JUDICATURE AT ALLAHABAD

             CONTEMPT APPLICATION (CIVIL) No. - 6079 of 2026

Vishal Singh
                                                                            .....Applicant(s)
                                          Versus
Sri Hitesh Agrawal
                                                                      .....Opposite Party(s)

Counsel for Applicant(s)                                    :    Ashish Agrawal
Counsel for Opposite Party(s)                               :

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

1. Heard learned counsel for the applicant.

2. The present contempt application has been preferred alleging willful
defiance of the order dated 12.4.2024 passed in Matters under Article 227
No. 3273 of 2024 [Vishal Singh V/s M/s VHV Builders Private Limited
And 2 Others], order whereof is quoted hereinunder:-

"1. Heard learned counsel for the petitioner and perused the record.
2. By means of this petition filed under Article 227 of the Constitution, petitioner
wants expeditious disposal of Original Suit No. 485 of 2021 titled as Vishal Singh v.
V.H.V. Builders Private Limited for permanent prohibitory injunction, pending before
Civil Judge (S.D.), Varanasi.
3. A report dated 03.04.2024 by presiding judge which states that the suit has
proceeded ex parte as after recording satisfaction despite service, the respondents-
defendants have not appeared. It is also submitted that the publication was also made.


4. In view of the above, this petition stands disposed of with direction to the trial court
to ensure that the publication must have been done in a scheduled newspaper of the
judgeship concerned before further proceeding in the matter.
5. If that be so, the court will proceed to pass final order after recording evidence of
the plaintiff within a period of two months of production of certified copy of this order.


6. If defendant appears by the next date fixed by the court concerned, the court will
proceed in accordance with law.
7. It is, however, clarified that in the event trial court is not able to decide the suit for
any technical reason, such delay in disposal of the suit and pendency thereof shall
                                                                                                  CAPL No. 6079 of 2026
                                                                       2

                                    ordinarily not be a ground sufficient enough to fasten the officer concerned with any
                                    personal liability of contempt."

                                    3. It is contended by learned counsel for the applicant that despite service
                                    of certified copy of the order upon the opposite party, till date the order of
                                    writ Court has not been complied with.

                                    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 two months further time to comply with the
                                    order dated 12.4.2024 passed in Matters under Article 227 No. 3273 of
                                    2024 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
                                    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.

                                    10. The rigors of the order dated 12.4.2024 passed in Matters under
                                    Article 227 No. 3273 of 2024 shall not stand diluted by this order.



                                                                                                 (Vikas Budhwar,J.)
                                    September 8, 2026
                                    N.S.Rathour




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

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