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Allahabad High Court · body

2025 DAILYLAW 188776 (ALL)

RAKESH KUMAR SHARMA v. KUMAR VINEET, MANAGING DIRECTOR U.P. SUGAR MILLS FEDERATION LTD. LKO. AND ANOTHER

CAPL/3166/2025 · 2025-11-11

Manish Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3166 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. 1. The present contempt application has been preferred against alleged none compliance of judgement and order dated 3.10.2024 passed in Writ C No. 19815 of 2016, the relevant extract of the same is quoted hereinbelow: "15. Accordingly, the impugned orders dated 28.10.2013, 18.12.2013 and 28.07.2016 to the extent they seek recovery of Rs.4,84,456/- alongwith interest from the petitioner, are set aside. 16. The writ petition is allowed. 17. It is provided that post retiral dues of the petitioner, if any, if withheld, shall be released forthwith. " 2. The Respondent No.2 has filed compliance affidavit, which is taken on record. 3. Learned counsel for the applicant has submitted that in 2nd part of the order pertaining to the post retiral dues has not been complied with in the letter and spirit as the applicant has not been paid all the post retiral dues yet and the judgement and order passed by the writ court has been flouted by the respondent and the respondent is liable to be punished under the Contempt of Court Act. 4. On the other hand learned counsel for the Respondent No.2 has submitted that the applicant has been paid dues whatever legally permissible, hence the judgement and order passed by the writ court has been complied with. Versus Counsel for Applicant(s) : Avdhesh Kumar Pandey, Radhika Varma, Shreshth Srivastava Counsel for Opposite Party(s) : Rakesh Kumar Sharma .....Applicant(s) Kumar Vineet, Managing Director U.P. Sugar Mills Federation Ltd. Lko. And Another .....Opposite Party(s) 5. After hearing learned counsel for the parties and going through the record of the case, it is found that as far as the payment of post retiral dues in the judgement and order dated 03.10.2024 is concerned, it has been provided that the post retiral dues of the petitioner, if any, if withheld, shall be released forthwith, so if there is any dispute regarding amount which has not been paid to the applicant could not be seen in the contempt proceedings for the reason that there was no positive direction in the judgement and order of the writ court and whatever admissible amount found by the respondent has been paid to the applicant and if there is any dispute about the claim of any further amount that cannot be seen in the contempt proceedings. Hence, the judgement and order passed by the writ court has been complied with and the present contempt application has become infructuous and it is, therefore, dismissed as infructuous. 6. Notice issued earlier, if any, stand discharged. November 11, 2025 S. Kumar CAPL No. 3166 of 2025 2 (Manish Kumar,J.) Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench