Smt. Krishnawati vs Sri Amit Kumar Singh — Allahabad HC (2025) — LawSathi Research

Smt. Krishnawati vs Sri Amit Kumar Singh — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Two weeks' further time granted to the opposite party for full compliance of order dated 23.12.2019; case listed on 18.07.2025; opposite party to remain present before the Court along with compliance affidavit; learned counsel for the applicant directed to file rejoinder affidavit in the meantime. Contempt proceedings continue; no final adjudication made.

Issue for consideration

Whether the opposite party has complied with the order dated 23.12.2019 regarding payment of terminal dues with interest, in this contempt application. +1 more

Court's answer

Prima facie, the order dated 23.12.2019 has not been complied with by the opposite party.

Ratio / Principle

Two weeks' further time is granted to the opposite party for full compliance of the order dated 23.12.2019.

Key takeaways

The case is to be listed on 18.07.2025.ratio¶9
On the next date, the opposite party is to remain present before the Court along with the compliance affidavit.ratio¶10
In the meantime, learned counsel for the applicant is directed to file rejoinder affidavit.ratio¶11

Detailed headnote1 paragraphs

Contempt Application (Civil) — non-compliance of Writ Court order dated 23.12.2019 regarding payment of terminal dues with interest. Applicant's husband died on 15.02.2005; terminal dues of Rs. 10,75,997/- were paid without interest pursuant to order dated 23.12.2019 passed in compliance of the order dated 4.7.2019 in Writ A No. 9789 of 2019. Writ A No. 12642 of 2020 was allowed vide order dated 12.11.2024 directing payment of interest at 8% from 18.08.2005 to 23.12.2019. Applicant contended interest was paid only on the GPF amount of Rs. 32,603/- and not on other amounts; opposite party claimed compliance with payment of interest of Rs. 1,04,124/-. Court held prima facie that order dated 23.12.2019 has not been complied with; granted two weeks' further time for full compliance; listed the matter on 18.07.2025; directed opposite party to remain present with compliance affidavit and applicant's counsel to file rejoinder affidavit.

Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2090 of 2025 Applicant :- Smt. Krishnawati Opposite Party :- Sri Amit Kumar Singh Counsel for Applicant :- Archana Singh,Bramh Narayan Singh

Hon'ble Neeraj Tiwari,J.

Sri Arum Kumar Tripathi, advocate has put in appearance on behalf of opposite party and filed vakalatnama along with compliance affidavit, which is taken on record.

Heard learned counsel for the applicant and Sri Arum Kumar Tripathi, learned counsel for opposite party.

Learned counsel for opposite party submitted that now order of Writ Court has been complied with and interest amounting to Rs. 1,04,124/- has been paid.

Learned counsel for the applicant seriously objected and submitted that husband of applicant was died on 15.02.2005, but no terminal dues has been paid, therefore, petitioner has no option but to file Writ A No. 9789 of 2019, which was disposed of vide order dated 4.7.2019. In compliance of that, order dated 23.12.2019 was passed and petitioner was paid terminal dues amounting to Rs. 10,75,997/- without any interest. Again, petitioner has filed Writ A No. 12642 of 2020 in which was allowed vide order dated 12.11.2024 and direction was issued to pay interest at the rate of 8% from 18.08.2005 to 23.12.2019. He firmly submitted that interest was paid only upon GPF amount of Rs. 32,603/- and no interest has been paid to other amounts paid pursuant to order dated 23.12.2019.

I have perused the record. Prima facie, Court is of the view that order dated 23.12.2019 has not been complied with.

At this stage, Sri Arum Kumar Tripathi, learned counsel for opposite party prays for and is granted two weeks further time for full compliance of order dated 23.12.2019.

List this case on 18.07.2025.

On that date, opposite party shall remain present before the Court along with compliance affidavit.

In the meantime, learned counsel for the applicant is also directed to file rejoinder affidavit.

Order Date :- 4.7.2025

Arvind

Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad