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Allahabad High Court

M/S SANTOSH PALversusSRI AMRIT ABHIJAT

Decided

Holding

The court found a prima facie case of contempt but chose to grant the opposite party additional time to comply, disposing of the contempt application at this stage.

Summary

The applicant, M/s Santosh Pal, filed a contempt application alleging that the opposite party, Sri Amrit Abhijat, willfully disobeyed a judgment and order dated 19‑05‑2026 in Writ‑C No. 19526 of 2026. The applicant claimed that despite service of a certified copy of the order, the opposite party had not complied with its directions. The court examined whether the failure to comply amounted to contempt and whether procedural notice was required before proceeding. It held that a prima facie case existed but declined to issue a notice, instead granting the opposite party an additional month to comply. The court directed the applicant to provide stamped envelopes for service and ordered that the opposite party comply within the stipulated time, leaving open the possibility of a fresh contempt application if non‑compliance persisted. Consequently, the contempt application was disposed of at this stage.

Issues considered

  • Does the opposite party's failure to comply with the order dated 19‑05‑2026 constitute contempt of court?
  • Is it necessary to issue a notice to the opposite party before initiating contempt proceedings?

Subjects

  • contempt of court
  • writ jurisdiction
  • non‑compliance with court order
  • procedural law
  • civil contempt

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 6915 of 2026

M/S Santosh Pal
                                                          .....Applicant(s)
                                  Versus

Sri Amrit Abhijat
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)              :    Rakesh Kumar Srivastava
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 19.05.2026 passed by this Hon'ble Court in Writ-C No. 19526 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 19.05.2026. 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 19.05.2026 passed by this Hon'ble Court in Writ-C No. 19526 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. 6915 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.)
                                    October 1, 2026
                                    Ashu




Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad


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