Mahendra Singh Sharma vs Ashok Kumar, M.D., Cooperative ...
2013 Latest Caselaw 2095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4089 of 2011
 

 
Petitioner :- Mahendra Singh Sharma
 
Respondent :- Ashok Kumar, M.D., Cooperative Dairy Fed. Ltd. And Another
 
Petitioner Counsel :- Anubhav Chandra
 
Respondent Counsel :- G D Misra,Sc
 

 
Hon'ble Krishna Murari, J.

In compliance of the order dated 11.4.2013, Shri Kumar Arvind Singh Dev, Chairman-cum-Managing Director, Pradeshik Co-operative Dairy Federation Limited, Lucknow and Sri R.K. Bajpai, Incharge, Dudgh Utpadak Sahakari Sangh Limited, Aligarh are present in person. Compliance affidavits on their behalf have been filed. In paragraph 4 of the affidavit, it has been stated that a cheque bearing no. 659301 dt.9.5.2013 amounting to Rs.8,77,786/- drawn on Shreyas Gramin Bank, Main Branch, Aligarh has been handed over to the applicant.

The fact is not denied by Sri Anubhav Chandra, learned counsel for the applicant. He, however, states that vide order dated 19.8.2011 passed by the Unit Incharge, Dudgh Utpadak Sahakari Sangh Limited, Aligarh, the applicant was found entitled for payment of Rs.8,77,786/- towards retiral dues including leave encashment, gratuity, provident fund, difference of salary etc and the payment has been made after two years and the applicant is entitled for payment of interest on the delayed payment of the said amount.

Delay in making the payment has been on account of opposite parties themselves and thus they are under a liablity to pay the interest.

Considering the facts and circumstances, the opposite parties shall pay simple interest @ 12% per annum on Rs.8,77,786/- with effect from 19.8.2011 till the date of actual payment within one month from today.

List on 8th July, 2013 on which date an affidavit of compliance be filed by the opposite party.

It is made clear that in case affidavit of compliance is not filed on the date fixed the opposite parties shall again appear in person before this Court.

Order Date :- 14.5.2013

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