Krishna Kumar Rastogi vs Shir Ravi Ranjan, M.D., U.P. State Agro Insustrial Corp. Ltd., Lko. and Another

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3714 of 2024

Applicant :- Krishna Kumar Rastogi Opposite Party :- Shir Ravi Ranjan, M.D., U.P. State Agro Insustrial Corp. Ltd., Lko. And Another Counsel for Applicant :- Rajendra Singh Kushwaha,Anas Ahmad Counsel for Opposite Party :- Rajeeva Kumar Sinha

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Hon'ble Rajeev Singh,J.

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Considering the report of the CJM, Lucknow, this Court vide order dated 19.03.2025, directed the respondent nos. 1 and 2 to appear before this Court, in case, they fail to file the affidavit of compliance and fixed the matter for 04.04.2025. However, when none appeared even on behalf of the respondents on the next date, bailable warrants were issued on 04.04.2025.

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Order dated 04.04.2025 is as under :

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"List of personal appearances cases revised. None appears on behalf of the respondents despite the name of Sri Rajeeva Kumar Sinha, learned counsel, being indicated in the cause list from the side of the respondents.

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Vide order dated 19.03.2025 this Court had directed the respondents for filing of an affidavit of compliance failing which respondents no.1 and 2 were directed to appear in person. Neither learned counsel for the respondents is present nor respondents no.1 and 2 are present.

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In this view of the matter, let bailable warrants be issued against respondents no.1 and 2 ensuring their appearance before this Court on 28.04.2025.

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List this case on 28.04.2025."

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On the next date, i.e., on 09.04.2025, following order was

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passed :

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"(I. A. No. 4 of 2025) Heard.

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This is an application for recall of order dated 04.04.2025 by which bailable warrant had been issued against respondents no. 1 and 2 as they failed to appear on the date fixed which was 04.04.2025 and neither learned counsel appearing for the respondents was present nor any affidavit of compliance was filed.

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In the application filed today it is indicated that principle amount already stands paid to the applicant.

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At this stage learned counsel for the applicant points out that despite the order of the writ court dated 10.05.2024 for payment of admissible interest, interest has not been paid.

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Shri Rajeeva Kumar Sinha, learned counsel for the respondent prays for and is granted 10 days' time to file counter affidavit in this regard.

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List this case on the date already fixed 28.04.2025.

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However, so far as order dated 04.04.2025 pertains to issuance of bailable warrant, the order is recalled.

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It is provided that in case the compliance affidavit is not filed by the next date of listing, respondents no. 1 and 2 shall appear in person before this Court on the date already fixed i.e. 28.04.2025."

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In pursuance of the order dated 28.04.2025 to file comprehensive affidavit, respondent no. 2 files application for dismissal of the contempt application along with the short counter affidavit, which is taken on record.

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It is informed that the applicant is not entitled for any interest.

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On the other hand, learned counsel for the applicant, while denying the aforesaid submission, prays for sometime to file reply to the affidavit filed today.

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Prayer made is allowed.

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List this case on 07.07.2025 within top 10 cases.

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In the meantime, the reply, as prayed for, may be filed by the applicant.

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Order Date :- 9.5.2025 VKS

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

Krishna Kumar Rastogi v. Shir Ravi Ranjan, M.D., U.P. State Agro Insustrial Corp. Ltd., Lko. and Another

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Krishna Kumar Rastogi v. Shir Ravi Ranjan, M.D., U.P. State Agro Insustrial Corp. Ltd., Lko. and Another

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