Allahabad High Court
JUGANOOversusPANKAJ GUPTA, BRANCH MANAGER, PUNJAB AND SINDH BANK
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application was dismissed as the alleged harassment does not amount to contempt of the court's order.
Summary
The applicant, Juganoo, filed a contempt application alleging that the respondent bank, represented by its branch manager, willfully defied a January 20, 2026 order of the Allahabad High Court in Writ‑C No.205 of 2026, which required the applicant to deposit Rs.1,50,000 and stay any recovery action until the disposal of an OTS application. The applicant complied with the deposit but claimed continued harassment, abusive phone calls, and threats from persons claiming to be bank officials. The court examined the allegation that the bank had violated the stay order and found no evidence of a recovery certificate being issued, but noted that the alleged threatening calls constitute a separate grievance. The court held that the contempt application could not be sustained on the basis of harassment and directed that the matter be consigned to the record, leaving the applicant free to pursue appropriate legal remedies, including criminal proceedings, against the harassers. Consequently, the contempt application was dismissed without prejudice.
Issues considered
- Whether the respondent bank's alleged harassment and threatening calls constitute contempt of the High Court's order dated 20‑01‑2026
- Whether the respondent bank violated the stay of recovery provision after the applicant deposited Rs.1,50,000
Subjects
- contempt of court
- harassment
- threatening calls
- stay of recovery
- compliance with court order
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6853 of 2026
Juganoo
.....Applicant(s)
Versus
Pankaj Gupta, Branch Manager, Punjab and Sindh
Bank .....Opposite
Party(s)
Counsel for Applicant(s) : Mohd Haleem
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated him dated 20.01.2026 passed in Writ-C No.205
of 2026 (Juganoo Vs. State of U.P. and others), order whereof is quoted
herein under:-
"1. Heard learned counsel for the applicant.
2. It is alleged that the order of writ Court has been violated.
3. From a perusal of the record, a prima facie case for contempt is made out.
4. Issue notice to opposite party no. 1, returnable within a month.
5. List this matter on the date fixed in the notice."
2. Learned counsel for the applicant has submitted that the applicant has
complied with the order while making the deposit of Rs.1,50,000.00 within
15 days. However while inviting attention towards para 16 of the contempt
application, it is being asserted that harassment and abusive and filthy
language is being used. Thus, the opposite parties have committed contempt
of the order of the Writ Court.
3. I have heard the submissions made by the applicant and perused the
record.
4. In para 16 of the contempt application, the following has been alleged:-
"16. That the applicant is further being subjected to continuous harassment and
threats by persons claiming to be officials/recovery agents of the respondent-Bank.
The applicant has received threatening calls from mobile number 9113737383,
wherein the caller has used filthy and abusive language and threatened the applicant
CAPL No. 6853 of 2026
2
with recovery proceedings."
5. As per the order of the Writ Court, once the applicant has deposited
Rs.1,50,000.00 then recovery is to be stayed till the disposal of the OTS
application, but there is nothing on record to show that any recovery
certificate has been issued. The only grievance of the applicant is that
threatening calls have been made by the opposite party and he has been
threatened. In case, threatening calls are being made, then in that regard it
shall be open for the applicant to take legal recourse, while lodging
proceedings as permissible and advisable under law, may be criminal
proceedings in that regard.
5. Accordingly, the contempt application is consigned to record leaving it
open to the applicant to take legal proceedings as advisable under law.
September 29, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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