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2026 Supreme(Online)(Mad) 50217
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
R. Geetha – Appellant
Versus
K. Manivasan – Respondent
Contempt Petition No.2075 of 2026
For the Appellants/Petitioners: G. Sankaran, S. Nedunchezhiyan
For the Respondents: M. Sivavarthanan
A contempt petition alleging willful disobedience is unsustainable when there is a pending, active application to vacate the underlying order that is claimed to have been violated.
Headnote:The proceedings concern a contempt petition filed under the Contempt of Courts Act, 1971, alleging willful disobedience of a previous interim court order dated 04.12.2025. The petitioners sought to punish the respondents for failing to comply with said directions. The respondents contended that they had already filed a petition to vacate the interim stay, which was pending at the time of the contempt filing. The core issue is whether the non-compliance with the court order was willful given the pendency of a vacate stay application. The court reasoned that since a vacate stay application had been filed prior to the initiation of contempt proceedings, the element of willful disobedience required to sustain the petition was absent. The Contempt Petition is closed.
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| 1. pendency of a vacate stay petition negates willful disobedience. (Para 1 , 2 , 3 , 4) |
Contempt petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondents for willfully disobeying the orders passed in W.M.P.No.52784 of 2025 in W.P.No.47246 of 2025 dated 04.12.2025.
O R D E R
This contempt petition is filed alleging willful disobedience of the order dated 04.12.2025 made in W.M.P.No.52784 of 2025 in W.P.No.47246 of 2025.
2.It is represented by the learned Government Counsel appearing for the respondents that the respondents have filed vacate stay petition in W.M.P.No.8385 of 2026 on 23.02.2026 seeking to vacate the order of interim stay granted on 04.12.2025 in W.M.P.No.52784 of 2025 in W.P.No.47246 of 2025, and further submitted that filing contempt petition pending vacate stay petition is not sustainable one.
3.The respondents have filed vacate stay petition on 23.02.2026, whereas, contempt petition has been filed on 29.04.2026.
4.In view of the above, there is no willful disobedience and this Contempt Petition is closed.
