Allahabad High Court
M/S SS ASSOCIATESversusSRI SHAMBHU KUMAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court declined to issue a notice, granted additional time for compliance, and disposed of the contempt application at this stage.
Summary
The applicant, M/S Ss Associates, filed a contempt application alleging that the opposite party, Sri Shambhu Kumar, failed to comply with an order dated 06-10-2025 issued in Writ C No. 32030/2025 directing the opposite party to decide a claim. The court examined the claim that the order had been served but remained unimplemented. While it found a prima facie case for contempt, the court chose not to issue a notice at this stage and instead granted the opposite party an additional eight weeks to comply, subject to service of the order through a stamped envelope provided by the applicant. The court also directed procedural steps for serving the order and recording the service. It held that if the opposite party still fails to comply, the applicant may approach the court again, and the contempt application was disposed of for now.
Issues considered
- Whether the opposite party's failure to comply with the order dated 06-10-2025 constitutes contempt of court.
- Whether a notice should be issued before proceeding with contempt proceedings.
Subjects
- contempt
- non‑compliance
- writ petition
- order enforcement
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6928 of 2026
M/S Ss Associates
.....Applicant(s)
Versus
Sri Shambhu Kumar
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Kumar Mishra, Sanjay Kumar
Singh
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 non-
compliance of the order dated 06.10.2025 passed in Writ C No.
32030/2025 whereby the writ petition was disposed of directing the
opposite party to decide the claim.
3. It is contended by learned counsel for the applicant that 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 eight weeks further time to comply with the
order dated 06.10.2025 passed in Writ C No. 32030/2025 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 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
of contempt application to the opposite party within one week thereafter
CAPL No. 6928 of 2026
2
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
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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