Allahabad High Court
GOVIND PRASAD GUPTA AND 11 OTHERSversusMR MUKUL ANAND PANDEY
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that while a prima facie case of contempt exists, the opposite party should be given a further opportunity to comply before any contempt notice is issued.
Summary
The applicant filed a contempt application alleging that the opposite party willfully disobeyed the judgment and order dated 05/12/2025 in Writ‑A No. 18350 of 2025. The court noted that the order had been served but not complied with, establishing a prima facie case of contempt. However, the court declined to issue a notice at this stage and instead granted the opposite party two months to comply after receipt of a certified copy of the order. The applicant was directed to provide stamped envelopes for service of the order and contempt application, and the court ordered that the opposite party must comply and inform the applicant within a week thereafter. The court further held that if compliance is not achieved, the applicant may approach the court again, and the contempt application was disposed of pending compliance.
Issues considered
- Whether the opposite party's failure to comply with the order dated 05/12/2025 constitutes willful disobedience amounting to contempt.
- Whether a notice should be issued to the opposite party before proceeding with contempt proceedings.
Subjects
- contempt
- willful disobedience
- writ jurisdiction
- order compliance
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6882 of 2026
Govind Prasad Gupta And 11 Others
.....Applicant(s)
Versus
Mr Mukul Anand Pandey
.....Opposite
Party(s)
Counsel for Applicant(s) : Chandra Bhushan Yadav, Vibhuti
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
05/12/2025 passed in Writ- A No. 18350 of 2025.
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 05/12/2025. 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 two months further time to comply with the
order dated 05/12/2025 passed in Writ- A No. 18350 of 2025 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
thereafter and keep a record thereof.
CAPL No. 6882 of 2026
2
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 30, 2026
Ashu
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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