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

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

What the court decided

AI extract

Outcome

Contempt application dismissed as infructuous; notice issued, if any, stands discharged; applicant's existing liberty to avail remedies permissible under law, if still aggrieved with the calculation of interest, noted as requiring no separate order.

Issue for consideration

Whether the contempt application has become infructuous following compliance with the judgment and order of the Writ Court dated 20.02.2024 passed in Writ A No. 1243 of 2024, whereby all post-retiral dues were paid to the applicant alongwith interest. +1 more

Court's answer

Nothing remains to be adjudicated by the contempt court following compliance with the Writ Court's judgment and order; the present contempt application is liable to be dismissed as infructuous.

Ratio / Principle

The disparity in the calculation of interest as alleged is not examined in the contempt.

Key takeaways

The contempt application is dismissed as infructuous.ratio¶10
Notice issued, if any, stands discharged.ratio¶11
Liberty is always with the applicant (to avail remedies permissible under law, if still aggrieved with the calculation of interest) and no separate order is required for it.ratio¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 17), Manish Kumar, J. - Contempt Application (Civil) No. 4339 of 2024; neutral citation 2025:AHC-LKO:953; order dated 7.1.2025. Applicant: Ashwani Singh @ Ashwani Kumar Singh; opposite parties/respondents: Narendra Kumar Singh, Managing Director, U.P. Upbhokta Sahkari Sangh Limited (respondent no. 1) and Suresh Kumar Rao, General Manager (Administration), U.P. Upbhokta Sahkari Sangh Limited (respondent no. 2); counsel for applicant: Anilesh Tewari. Respondents filed compliance affidavits, taken on record, submitting 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 had been paid to the applicant alongwith interest, rendering the contempt petition infructuous. Applicant's counsel pointed to a dispute regarding the amount of interest payable on delayed payment. Held: the disparity in the calculation of interest as alleged is not examined in the contempt, and nothing remains to be adjudicated by the contempt court; the contempt application was dismissed as infructuous and notice issued, if any, stood discharged. Liberty to avail remedies permissible under law, if the applicant is still aggrieved with the calculation of interest, was noted as always remaining with the applicant, requiring no separate order.

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

Court No. - 17

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

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

Hon'ble Manish Kumar,J.

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.

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.

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.

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.

Accordingly, the contempt application is dismissed as infructuous.

Notice issued, if any, stands discharged.

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.

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

Order Date :- 7.1.2025 Ashish

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