Hariom Rastogi vs Shri Ashutosh Kumar Singh, Executive Engineer, Nalkoop KHAND-1, Lakhimpur Kheri Lakhimpur Kheri — Allahabad HC (2025) — LawSathi Research

Hariom Rastogi vs Shri Ashutosh Kumar Singh, Executive Engineer, Nalkoop KHAND-1, Lakhimpur Kheri Lakhimpur Kheri — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the applicant is entitled to interest @ 8% per annum on the delayed payment of all other dues paid to him with delay (beyond the refunded deducted amount), such that the judgment and order dated 11.12.2024 passed in Writ - A No. 4765 of 2024 remains uncomplied with.

Court's answer

The writ court's direction for interest was for payment of interest on the delayed payment of the amount which was deducted and which was to be refunded by the respondent.

Ratio / Principle

The writ court's order contains no direction for payment of interest on the other payments made to the applicant with delay, contrary to the submission of the applicant's counsel.

Key takeaways

The judgment and order passed by the writ court has been complied with; consequently the present contempt application has become infructuous and is dismissed as infructuous.ratio¶17

Detailed headnote1 paragraphs

Contempt Application (CIVIL) No. 1296 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8), Manish Kumar, J. The applicant sought action for alleged non-compliance of the judgment and order dated 11.12.2024 passed in Writ - A No. 4765 of 2024, whereby the opposite parties were directed to repay/refund the amount deducted from the petitioner, preferably within six weeks of receipt of the certified copy of the order, failing which the petitioner would be entitled to interest on the delayed payment at 8% p.a. Learned Standing Counsel stated that the deducted amount had been paid with 8% interest per annum on the delayed payment; the applicant, however, contended that he was entitled to 8% interest per annum on all other dues also paid with delay. The Court held that the writ court's direction for interest related solely to the delayed payment of the amount which was deducted and was to be refunded by the respondent, and that there was no direction for interest on other payments made with delay. The writ court's judgment and order was therefore found to have been complied with; the contempt application became infructuous and was dismissed as infructuous.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CONTEMPT APPLICATION (CIVIL) No. - 1296 of 2025

Hariom Rastogi

.....Applicant(s)

Versus

Shri Ashutosh Kumar Singh, Executive Engineer, Nalkoop Khand-1, Lakhimpur Kheri Lakhimpur Kheri .....Opposite Party(s) Counsel for Applicant(s) : Ravi Pratap Singh Counsel for Opposite Party(s) :

Court No. - 8

HON'BLE MANISH KUMAR, J.

Respondent No.2 has filed an application for the discharge of contempt notice and dismissal of the contempt petiton, which is taken on record.

The present contempt application has been preferred against the alleged non-compliance of judgment and order dated 11.12.2024 passed in Writ - A No.4765 of 2024, the relevant Para of the judgement is quoted hereinbelow:

"13. The opposite parties are directed to repay the amount which has been deducted from the petitioner and whatever amount has been deducted, shall be refunded to the petitioner forthwith, preferably within a period of six weeks from the date of receipt of certified copy of this order, failing which the petitioner would be entitled for the interest on the delayed payment at the rate of 8% p.a."

Learned Standing Counsel has submitted that on delayed payment of deducted amount @8% interest per annum has been given to the applicant in compliance of judgment and order dated 11.12.2024 passed by the writ court.

On the other hand learned counsel for the applicant has submitted that the applicant is entitled for payment of interest @ 8% per annum on delayed payment of all other dues, which were paid to the applicant with delay, so the judgment and order passed by the writ court has not been complied with.

CAPL No. 1296 of 2025

2

After hearing learned counsel for the parties and going through the record of the case, it is found that the submission made by the learned counsel for the applicant that the applicant is entitled for interest on the delayed payment @ 8% per annum on all the payments made to the applicant with delay has no force for the simple reason that the direction given by the writ court as quoted hereinabove is for payment of interest on the delayed payment on the amount which was deducted and which was to be refunded by the respondent and there is no direction for payment of interest as submitted by the learned counsel for the applicant.

In view of the facts, circumstances and discussion made hereinabove, the judgment and order passed by the writ court has been complied with and the present contempt application has become infructuous and it is dismissed as infructuous.

(Manish Kumar,J.)

December 11, 2025

S. Kumar

Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench