Allahabad High Court
ALOK SRIVASTAVAversusATULIT RAJ, CHIEF MANAGER STATE BANK OF INDIA, BRANCH SHYAMNAGAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the opposite party must be given a further three‑week period to comply with the earlier order before any contempt finding can be made.
Summary
The applicant, Alok Srivastava, filed a contempt application alleging that the opposite party, Atulit Raj of State Bank of India, willfully disobeyed a judgment and order dated 04‑06‑2026 in Civil Misc. Writ Petition No. 23154 of 2026. The court noted that a prima facie case of contempt existed but, consistent with procedural requirements, did not issue a notice at this stage. Instead, the court granted the opposite party an additional three weeks to comply with the earlier order, subject to the applicant providing stamped envelopes for service. The court directed that the order be sent to the opposite party and that compliance be reported back within stipulated timeframes. If the opposite party fails to comply, the applicant may approach the court again. The contempt application was therefore disposed of pending compliance.
Issues considered
- Whether the opposite party is liable for contempt for willful non‑compliance with the order dated 04‑06‑2026.
- Whether notice is required before proceeding with contempt proceedings.
Subjects
- contempt
- civil contempt
- non‑compliance
- writ petition
- order enforcement
- procedural fairness
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6916 of 2026
Alok Srivastava
.....Applicant(s)
Versus
Atulit Raj, Chief Manager State Bank Of India,
Branch Shyamnagar .....Opposite
Party(s)
Counsel for Applicant(s) : Abdul Majeed, Sufia Saba, Zeenat
Aftab
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 04.06.2026 passed by Division Bench of this Hon'ble Court in Civil
Misc. Writ Petition No. 23154 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 04.06.2026. 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 three weeks further time to comply with the
order dated 04.06.2026 passed by Division Bench of this Hon'ble Court in
Civil Misc. Writ Petition No. 23154 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
CAPL No. 6916 of 2026
2
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.
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
Checking your session…