Dismissed¶10

Ashwani Singh @ Ashwani Kumar Singh v. Narendra Kumar Singh, M.D. U.P. Upbhokta Sahkari Sangh Ltd., Lko. and Another

Allahabad HC7 Jan 2025/4339/2024

Case brief

AI extract

What is this about?

Contempt application dismissed as infructuous after compliance affidavits recorded payment of post-retiral dues with interest; dispute over quantum of interest on delayed payment left to remedies outside contempt. Parties: Ashwani Singh @ Ashwani Kumar Singh (applicant) v. Narendra Kumar Singh, MD, and Suresh Kumar Rao, GM (Administration), U.P. Upbhokta Sahkari Sangh Ltd., Lucknow. Underlying order enforced: Writ Court judgment dated 20.02.2024 in Writ A No. 1243 of 2024. Court: High Court of Judicature at Allahabad, Lucknow Bench; Judge: Manish Kumar, J.; decided 7.1.2025; Neutral Citation 2025:AHC-LKO:953.

What did the court decide?

The alleged disparity in the calculation of interest is not examined in contempt proceedings. ¶9

Ashwani Singh @ Ashwani Kumar Singh Vs Narendra Kumar Singh, M.D. U.P. Upbhokta Sahkari Sangh Ltd., Lko. and Another — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC-LKO:953

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 4339 of 2024

¶4

Applicant :- Ashwani Singh @ Ashwani Kumar Singh Opposite Party :- Narendra Kumar Singh, M.D. U.P. Upbhokta Sahkari Sangh Ltd., Lko. And Another Counsel for Applicant :- Anilesh Tewari

¶5

Hon'ble Manish Kumar,J.

¶6

Shri Narendra Kumar Singh, Managing Director, U.P. Upbhokta Sahkari Sangh Limited, Upbhokta Bhawan, Valakadar Road, Lucknow-respondent no. 1 and Shri Suresh Kumar Rao, General Manager (Administration), U.P. Upbhokta Sahkari Sangh Limited Upbhokta Bhawan, valakadar Road, Lucknowrespondent no.2 have filed compliance affidavit, which are taken on record.

¶7

Learned counsel for the respondent nos. 1 and 2 has submitted that in compliance of the judgment and order of the Writ Court dated 20.02.2024 passed in Writ A No. 1243 of 2024, all post retiral dues have been paid to the applicant alongwith interest hence, the judgment and order of the Writ Court has been complied with and for all practical purposes, the present contempt petition has become infructuous and the same may be dismissed as infructuous.

¶8

On the other hand, learned counsel for the applicant has submitted that there is some dispute regarding amount of interest which is to be paid to the applicant on delayed payment.

¶9

The disparity in the calculation as alleged is not examined in the contempt and now nothing remains to be adjudicated by the contempt court and the present contempt application is liable to be dismissed as infructuous.

¶10

Accordingly, the contempt application is dismissed as infructuous.

¶11

Notice issued, if any, stands discharged.

¶12

At this stage, learned counsel for the applicant has submitted that liberty may be given to the applicant to avail the remedy as may be permissible under the law, if the applicant is still aggrieved with the calculation of interest.

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The liberty is always with the applicant for which no separate order is required.

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Order Date :- 7.1.2025 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Ashwani Singh @ Ashwani Kumar Singh v. Narendra Kumar Singh, M.D. U.P. Upbhokta Sahkari Sangh Ltd., Lko. and Another

Case brief

What is this about?

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Ashwani Singh @ Ashwani Kumar Singh v. Narendra Kumar Singh, M.D. U.P. Upbhokta Sahkari Sangh Ltd., Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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