Allahabad High Court
M/S PARAMHANS FURNITURES PVT. LTD.versusANIL KUMAR SHARMA, REGIONAL MANAGER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the contempt application may be withdrawn and the applicant is granted liberty to revive the present application or file a fresh one after the outcome of the pending Supreme Court order.
Summary
The High Court of Allahabad entertained a contempt application filed by M/s Paramhans Furnitures Pvt. Ltd. against Anil Kumar Sharma for alleged willful disobedience of a judgment dated 17‑02‑2026. The applicant’s counsel produced an order of the Supreme Court in Special Leave Petition (Civil) Dy. No. 30661 of 2026 dated 31‑08‑2026, which directed the parties to place before the Court the outcome of the process undertaken pursuant to the impugned order. On that basis, the applicant sought to withdraw the contempt proceeding, seeking liberty to either revive the present application or file a fresh one after the Supreme Court’s decision. The High Court consigned the contempt application to the record, granting the applicant liberty to revive the present application or file a fresh one post‑outcome of the pending appeal. The order of the Apex Court was taken on record as Appendix‑A. The contempt application was effectively dismissed as withdrawn pending further proceedings.
Issues considered
- Whether a contempt application can be withdrawn pending the outcome of a pending Supreme Court order.
- Whether the court may grant liberty to revive or re‑file a contempt proceeding after the higher court’s decision.
Subjects
- contempt of court
- contempt application
- withdrawal of proceedings
- Supreme Court order
- pending appeal
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6112 of 2026
M/S Paramhans Furnitures Pvt. Ltd.
.....Applicant(s)
Versus
Anil Kumar Sharma, Regional Manager
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhanshu Kumar
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been filed for punishing the
Opposite Party for willful disobedience of the judgment and order
dated 17.02.2026 passed by this Court in Writ-A No. 36462 of 2023.
2. Today when the matter was taken up, learned counsel for the applicant has
produced before this Court an order passed in Special Leave petition (Civil)
Dy. No. 30661 of 2026, dated 31.08.2026, order whereof is quoted
hereinunder:
"1. We have heard Mr. Atmaram Nadkarni and Mr. Gagan Gupta,
learned senior counsel for the petitioners and respondents, respectively.
2. List on 02.11.2026.
3. In the meantime, the petitioners to place before the Court the outcome
of the process now undertaken or may be undertaken pursuant to the
impugned order."
3. Learned counsel for the applicant, as per the instructions, submits that the
present contempt application be dismissed as withdrawn at this stage with a
liberty to the applicant to prefer a fresh contempt application post outcome
of the order passed by the Hon'ble Apex Court in the pending Special Leave
Petition (Civil) or to revive the present contempt application.
4. In view of the same, the contempt application is consigned to record with
a liberty to either revive the present one or to file a fresh contempt
application post outcome of the appeal.
CAPL No. 6112 of 2026
2
5. The order passed by the Hon'ble Apex Court is taken on record and
marked as Appendix- A.
September 8, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
Checking your session…