Back
2026 Supreme(All) 703
HIGH COURT OF JUDICATURE AT ALLAHABAD
ROHIT RANJAN AGARWAL, J.
Aalha Charasiya And Others – Applicants
Versus
Sri Varun Kumar Jha And Others – Respondents
Contempt Application (Civil) No. 3434 of 2026
Decided On : 29-05-2026
For the Applicants : Arvind Kumar Mishra, Surendra Kumar Chaubey.
In contempt proceedings, courts possess the discretion to grant an extension of time for compliance to an opposite party where a prima facie case of willful disobedience is established, rather than initiating immediate punitive action, thereby ensuring the original order is fulfilled.
Headnote:(A) Contempt of Courts Act, 1971 - Section 12 - Willful disobedience of court orders - Practice of not issuing immediate notice in contempt proceedings where a prima facie case is established, instead granting additional time for remediation - Judicial discretion in ensuring implementation of prior mandates. (Paras 4, 5, 7, 8)
Facts of the case:
Applicants filed a contempt application alleging willful disobedience of a judgment and order issued in a writ petition. Despite service of the order, no compliance had been achieved by the opposite party as of the current proceedings.
Findings of Court:
The court observed that a prima facie case for punishment was established. However, rather than issuing immediate notice, the court exercised its discretion to provide the opposite party with an additional three-month window to comply with the original directions, ensuring a structured process for enforcement.
Issues: Whether the alleged non-compliance constitutes willful disobedience and whether, in the interest of justice, immediate punitive consequences should follow or further opportunity for rectification should be provided.
Ratio Decidendi: Where initial compliance has not been achieved, the court may defer punitive action to ensure the opposite party has a fair opportunity to adhere to the directives, essentially balancing the necessity of obedience with procedural fairness while keeping open the option for further legal intervention if the default persists.
Result: Application disposed of with directions given for compliance within the stipulated timeframe.
| Table of Content |
|---|
| 1. initiation of contempt proceedings due to non-compliance with prior judicial orders. (Para 1 , 2 , 3) |
| 2. establishment of a prima facie case for willful disobedience. (Para 4) |
| 3. granting extension for compliance and establishing service protocols. (Para 5 , 6 , 7 , 8 , 9) |
JUDGMENT :
ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicants.
2. The present contempt application has been filed under Section 12 of the Contempt of Courts Act for punishing the Opposite Party for willful disobedience of the judgment and order dated 05.05.2026 passed by this Court in Civil Misc. Writ Petition No.15902 of 2026.
3. It is contended that applicants had filed aforesaid writ, which was disposed of vide order dated 05.05.2026. Copy of the said order was served to the opposite party through registered post on 07.05.2026, but the said direction has not been complied with by the opposite party till date.
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 months’ further time to comply with the order dated 05.05.2026 passed by this Court in Civil Misc. Writ Petition No.15902 of 2026 from the date of production of a certified copy of this order.
6. The applicants shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed envelope to the CAPL No. 3434 of 2026 office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicants with a copy of contempt application to the opposite party 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 applicants 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 applicants to approach this court again.
9. With the aforesaid observations, this application is finally disposed of at this stage.
