Allahabad High Court
MAHESH KUMARversusSHRI SHAILENDRA ASTHANA, GENERAL MANAGER, THE KISAN SEHKARI CHINI MILLS LTD., TILHAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that although a prima facie case of willful disobedience existed, it would not issue notice but instead grant the opposite party three months to comply and dispose of the contempt application pending compliance.
Summary
Mahesh Kumar filed a contempt application alleging that Shri Shailendra Asthana, General Manager of The Kisan Sahkari Chini Mills Ltd., failed to comply with an order dated 12 May 2026 in Writ A No. 7074/2026 directing the company to decide a claim. The applicant claimed the order was served but remained unimplemented, constituting willful disobedience. During the hearing, it was noted that the original General Manager had been transferred and Surendra Yadav had taken over, and he was impleaded as opposite party No.2. The Court observed that a prima facie case of contempt existed but declined to issue a notice, instead granting the opposite party three months to comply with the writ order. The Court directed the applicant to provide stamped envelopes for service of the order and set a timeline for compliance and further action. Consequently, the contempt application was disposed of at this stage, pending the opposite party's compliance.
Issues considered
- Whether the opposite party's failure to comply with the writ court's order amounts to contempt of court.
- Whether notice should be issued before proceeding with contempt proceedings.
Subjects
- contempt
- civil contempt
- non‑compliance of court order
- writ petition
- high court procedure
- notice
- time extension
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6932 of 2026
Mahesh Kumar
.....Applicant(s)
Versus
Shri Shailendra Asthana, General Manager, The
Kisan Sehkari Chini Mills Ltd., Tilhar .....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Saxena
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. Learned counsel for the applicant has made a statement at bar that post
filing of the contempt application, the opposite party has been transferred.
Now, one Sri Surendra Yadav has joined as General Manager, Kisan Sahkari
Chini Mill Limited, Shahjahanpur. Let him be impleaded as opposite party
No. 2.
2. Heard learned counsel for the applicant.
3. The present contempt application has been preferred alleging non-
compliance of the order dated 12.05.2026 passed in Writ A No. 7074/2026
whereby the writ petition was disposed of directing the opposite party to
decide the claim.
4. 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.
5. 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.
6. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months further time to comply with the order
dated 12.05.2026 passed in Writ A No. 7074/2026 from the date of
production of a certified copy of this order.
CAPL No. 6932 of 2026
2
7. 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 and keep a
record thereof.
8. 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.
9. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
10. 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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