M/S ANANT KUMAR AND BROTHERS, THRU. ITS PROPRIETOR MR. RAKESH KUMAR JAIN v. SMT. SHEELA SINGH VERMA, CHAIRMAN NAGAR PALIKA PARISHAD BARABANKI AND ANOTHER
CAPL/2886/2025 · 2025-12-05
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186299 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186299 (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. - 2886 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Vakalatnama filed by Sri Lalit Kishore Tiwari, Advocate on behalf of the respondents is taken on record. Respondent no. 2 has filed compliance affidavit which is taken on record. The present contempt application has been preferred against the alleged non compliance of the judgment and order dated 03.06.2025 passed in Writ C No. 5255 of 2025. The same is quoted hereinbelow:-
"1. Heard.
2. Learned counsel for the Nagar Palika Parishad, Nawabganj, Barabanki states that the payment of the bills submitted by the petitioner is under process. As soon as they are verified the amount due to the petitioner shall be paid as per Rules.
3. In view of the aforesaid submissions made by Shri Yusuf Safi, Advocate holding brief of Shri Aftab Ahmad, learned counsel for Nagar Parishad, Nawabganj, Barabanki the writ petition is disposed of.
4. It is made clear that the decision aforesaid shall be taken within six weeks and if any amount is payable to the petitioner, the same shall be paid accordingly, as per law."
Learned counsel for the applicant has submitted that sometime may be granted for filing objection as the total payment against the GeM Portal bills has not been paid. On the other hand, learned counsel for the respondent has submitted that for verification of the bills submitted by the applicant, either directly or through Versus Counsel for Applicant(s) : Hemant Kumar Mishra, Abhishek Mishra, Arti Ganguly Counsel for Opposite Party(s) : Lalit Kishore Tiwari M/S Anant Kumar And Brothers, Thru. Its Proprietor Mr. Rakesh Kumar Jain .....Applicant(s) Smt. Sheela Singh Verma, Chairman Nagar Palika Parishad Barabanki And Another .....Opposite Party(s)
GeM invoice, all the bills were checked and verified by a four member Committee and thereafter the payment was made and this fact may be seen from Annexure no. 2 filed along with the compliance affidavit where the GeM invoices are also enclosed, which learned counsel for the applicant is unable to dispute. After hearing the learned counsel for the parties and going through the record of the case, it is found that the writ petition was disposed of on the basis of the submission made by the Advocate appearing on behalf of the Nagar Parishad that the payment of bills submitted by the applicant were under process. The direction by the writ Court was to take decision within six weeks and if any amount is payable, the same shall be paid. So if there is any dispute regarding non payment of some GeM portal bills as argued by learned counsel for the applicant, the same could not be seen in the present proceedings, so there is no question of granting time for filing objection. There is no positive direction for payment of bills by the writ Court and as per the compliance affidavit, whatever bills were found to be genuine, the payment has been made. In view of the facts and discussion made herein-above, the judgment and
order passed by the writ Court has been complied with and the present contempt application has become infructuous and the same is dismissed as infructuous. Notice, 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 for payment of remaining bills. In view of above, it is always open for the applicant to avail the remedy as may be permissible under the law for which no separate order is required to be passed. December 5, 2025 Nitesh CAPL No. 2886 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench