The Court dismissed the instant contempt application without issuing a show-cause notice, granting the opposite party three months to comply with a prior order.
Three months' time granted to the opposite party to comply with the prior order; no punishment imposed.
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Neutral Citation No. - 2023:AHC:225163
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 8632 of 2023
Applicant :- Shamim Ahmad Opposite Party :- Sri Narendra Kumar Gangwar, Sdm. Counsel for Applicant :- Nayab Ahmad Khan
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the applicant.
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 08.02.2023 passed by this Court in Writ Petition No.2874 of 2023.
It is contended that applicant had filed aforesaid writ, which was disposed of vide order dated 08.02.2023. Copy of the said order was served to the opposite party through registered post on 20.02.2023, but the said direction has not been complied with by the opposite party till date.
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.
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 08.02.2023 passed by this Court in Writ Petition No.2874 of 2023 from the date of production of a certified copy of this order.
The applicant shall supply a duly stamped registered envelope addressed to the opposite party and another self-addressed
envelope to the office within one week 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.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the selfaddressed envelop within a week thereafter.
In case, the opposite party does not comply with the order, it would be open to the applicant to approach this court again.
With the aforesaid observations, this application is finally disposed of at this stage.
Order Date :- 29.11.2023 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the opposite party's failure to comply with an order warrants immediate punishment or further time should be granted.
1 provisions across 1 enactments
Shamim Ahmad
Sri Narendra Kumar Gangwar
Rohit Ranjan Agarwal
Shivakant Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
