MADAN SINGH v. SRI KUNAL SILKU M.D., PRADESHIK COOPERATIVE DAIRY FEDERATION LTD., LKO. AND ANOTHER
CAPL/1611/2023 · 2025-09-03
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141187 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141187 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 1611 of 2023 Court No. - 17 HON'BLE MANISH KUMAR, J. Heard. Supplementary counter affidavit filed by respondent no.5 is taken on record. The present contempt application has been preferred for the alleged non-compliance of the judgment and order dated 02.03.2023, the relevant part of which is quoted herein below :
"Considering the fact that the payment is to be made by the opposite party no.3, the present petition is disposed off directing the opposite party no.2 to ensure the payment to the petitioner in accordance with law within a period of two months." Shri Lalit Shukla, learned counsel for the respondents has submitted that in compliance of the judgment and order passed by the writ court, all the dues along with interest have been paid to the applicant and the judgment and order passed by the writ court has thus been complied with. In this regard, application for discharge of the contempt notice issued against the respondent no.5 along with short counter affidavit has been filed on 16.07.2025 by the respondent no.5. On the other hand, learned counsel for the applicant has submitted that the interest has not yet been paid to the applicant, as admitted by the respondent in its order dated 22.04/05.2023 filed along with an Versus Counsel for Applicant(s) : Pradeep Kumar Tripathi Counsel for Opposite Party(s) : Lalit Shukla Madan Singh .....Applicant(s) Sri Kunal Silku M.D., Pradeshik Cooperative Dairy Federation Ltd., Lko. And Another .....Opposite Party(s)
application for discharge of the contempt notice issued against the respondent no.3 along with short counter affidavit filed on 03.03.2024 by the respondent no.3. In the said order, it is stated that the interest liable to be paid to the applicant is Rs.2,44,703/-. Hence, the
judgment and order passed by the writ court has not been complied with. After hearing learned counsel for the parties and perusing the order passed by the writ court, the relevant portion of which is quoted herein above, it is evident that the writ court has disposed of the writ petition with a direction to the respondent no.2 (who is respondent no.4 in the present contempt application) to ensure the payment to the applicant in accordance with law within a period of two months. Neither any specific amount was mentioned nor any direction was given for payment of a particular amount as interest to the applicant. The amount now being pressed by the applicant i.e. Rs.2,44,703/-, claimed to be an admitted amount by the respondents, is wholly incorrect upon a perusal of the order dated 22.04/05.2023 relied upon by learned counsel for the applicant. By the said order, the representation of the applicant was rejected. The amount reflected therein was the figure claimed by the applicant in his representation and not admitted the liability by the respondents. It was merely the applicant's demand which has been wrongly construed by his counsel as an admission on the part of the respondents. If there exists any dispute regarding such determination, the same could not be adjudicated in contempt jurisdiction. In view of the facts and circumstances stated herein above, as the
judgment and order passed by the writ court has been complied with, the present contempt application hereby dismissed. Notices issued, if any, are hereby discharged. September 3, 2025 Mahesh CAPL No. 1611 of 2023 2 (Manish Kumar,J.) Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench