Allahabad High Court
M/S ADITYA SOLAR SYSTEM, NATIONAL INTER COLLEGE TIRAHAversusANUPAM SINGH, THE THEN EXECUTIVE OFFICER AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that although a prima facie case of contempt exists, no notice will be issued and the opposite party is given six weeks to comply with the writ order.
Summary
The applicant, M/s Aditya Solar System, filed a contempt application alleging that the opposite party willfully defied the order dated 07-04-2026 passed in Writ (C) No.10148/2024. The court noted that a certified copy of the writ order had been served but the opposite party had not complied. While the court recognized a prima facie case of contempt, it declined to issue a notice at this stage. Instead, the court granted the opposite party six weeks from receipt of a certified copy to comply with the writ order. The applicant was directed to provide stamped envelopes for service of the order, and the opposite party was instructed to comply and inform the applicant within a week thereafter. If compliance is not achieved, the applicant may approach the court again. The application was thereafter disposed.
Issues considered
- Whether the opposite party's failure to comply with the writ order constitutes willful contempt.
- Whether a notice should be issued before proceeding with contempt proceedings.
- Whether the court should grant additional time for compliance before taking punitive action.
Subjects
- contempt
- willful disobedience
- writ order compliance
- procedural directions
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6709 of 2026
M/S Aditya Solar System, National Inter College
Tiraha .....Applicant(s)
Versus
Anupam Singh, The Then Executive Officer And
Another .....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Mishra, Jai Shanker Misra,
Vijai Shanker Shukla
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 07.04.2026 passed in Writ (C) No.
10148/2024. M/s. Aditya Solar System Vs. State of U.P. & 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 six weeks further time to comply with the order
dated 07.04.2026 passed in Writ (C) No. 10148/2024. M/s. Aditya Solar
System Vs. State of U.P. & 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. 6709 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 24, 2026
N.S.Rathour
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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