Allahabad High Court
M/S SAINI FLOWERS AND GIFT CENTERversusGAJENDRA KUMAR, BRANCH MANAGER, CANARA BANK, BRANCH-BASTI 2ND
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that despite a prima facie case of contempt, the opposite party must be given notice and a further month to comply before contempt can be punished.
Summary
The applicant, M/s Saini Flowers And Gift Center, filed a contempt application alleging that the opposite party, the Branch Manager of Canara Bank, willfully disobeyed the High Court's order dated 30.04.2026 in Writ (C) No.15430 of 2026. The Court noted that a prima facie case of contempt existed but observed that no notice had been issued to the opposite party. Consequently, the Court directed the applicant to provide stamped envelopes for service and granted the opposite party an additional month to comply with the original order. The opposite party was instructed to inform the applicant of compliance within a week thereafter. The Court further stated that if compliance is not achieved, the applicant may approach the Court again, and the contempt application was disposed of at this stage.
Issues considered
- Whether the opposite party's failure to comply with the Court's order amounts to contempt of court.
- Whether notice and an opportunity to comply must be given before proceeding with contempt proceedings.
Subjects
- contempt of court
- willful disobedience
- writ order compliance
- notice requirement
- High Court of Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6117 of 2026
M/S Saini Flowers And Gift Center
.....Applicant(s)
Versus
Gajendra Kumar, Branch Manager, Canara Bank,
Branch-Basti 2nd .....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Kumar Tiwari
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 filed for punishing the
Opposite Party for willful disobedience of the judgment and order dated
30.04.2026 passed by this Hon'ble Court in Writ (C) No.15430 of 2026.
3. It is contended by learned counsel for the applicant that the applicant
had filed the aforesaid writ petition, which was disposed of vide order
dated 30.04.2026. Copy of the order was served but 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 one month further time to comply with the order
dated 30.04.2026 passed by this Hon'ble Court in Writ (C) No.15430 of
2026 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 parties 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 parties within one week
CAPL No. 6117 of 2026
2
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.
(Vikas Budhwar,J.)
September 8, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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