Allahabad High Court
VIMLESH PATI TRIPATHIversusSHRI MADHUSUDAN HULGI
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court found a prima facie case of contempt but deferred notice issuance, granting the opposite party three months to comply and disposing the contempt application at this stage.
Summary
Vimlesh Pati Tripathi filed a contempt application against Madhusudan Hulgi alleging willful defiance of an order dated 01‑05‑2026 passed in Writ‑C No.16962 of 2026. The applicant claimed that despite service of a certified copy, the opposite party had not complied with the writ court's directions. The High Court observed that a prima facie case of contempt existed but declined to issue a notice at this stage. Instead, the Court granted the opposite party an additional three months from the date of production of the certified copy to comply, and directed procedural steps for sending the order to the opposite party. The Court further directed that if compliance is not achieved, the applicant may approach the Court again, and disposed of the contempt application for the time being.
Issues considered
- Whether the opposite party's failure to comply with the order dated 01‑05‑2026 constitutes contempt of court
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings
- What relief, if any, should be granted to the applicant pending compliance
Subjects
- contempt of court
- willful defiance
- compliance with writ order
- High Court of Allahabad
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6666 of 2026
Vimlesh Pati Tripathi
.....Applicant(s)
Versus
Shri Madhusudan Hulgi
.....Opposite
Party(s)
Counsel for Applicant(s) : Aditya Kumar Tripathi, Amresh
Tripathi
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 01.05.2026, passed in Writ-C No.16962 of
2026 (Vimlesh Pati Tripathi Vs. State of U.P. and 2 others).
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 three months further time to comply with the
order dated 01.05.2026, passed in Writ-C No.16962 of 2026 (Vimlesh
Pati Tripathi Vs. State of U.P. and 2 others) 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
CAPL No. 6666 of 2026
2
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.
(Vikas Budhwar,J.)
September 23, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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