Arun Kumar Srivastava vs Sri. Lalata Prasad Sonkar, ...
2022 Latest Caselaw 3976 ALL

Citation : 2022 Latest Caselaw 3976 ALL
Judgement Date : 24 May, 2022

Allahabad High Court

Arun Kumar Srivastava vs Sri. Lalata Prasad Sonkar, ... on 24 May, 2022

Bench: Rohit Ranjan Agarwal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 645 of 2022
 
Applicant :- Arun Kumar Srivastava
 
Opposite Party :- Sri. Lalata Prasad Sonkar, General Manager
 
Counsel for Applicant :- Ajeet Kumar Shukla,Anil Kumar Chaurasia
 
Counsel for Opposite Party :- Satyam Singh
 

 
Hon'ble Rohit Ranjan Agarwal,J.

Sri Lalata Prasad Sonkar, General Manager, Kisan Sahkari Chini Mills Ltd., Mau is present in the Court who is identified by Sri Satyam Singh, learned counsel for the opposite party.

An affidavit of compliance has been filed today, which is taken on record.

In para 4 of affidavit of compliance, it has been specifically mentioned that due to delay in releasing the retiral dues, the interest has been paid to the applicant. A xerox copy of the cheque has been brought on record as Annexure-1 to affidavit of compliance.

Learned counsel for the applicant disputes the amount of interest and claims that he is entitled to higher interest than awarded by the opposite party.

This Court finds that order of writ Court was specific to the extent that in case the claim of applicant is released within four months, no interest would be payable and in case of delay, the opposite party shall pay the interest. Opposite party has paid the amount of interest on the delayed payment.

This Court finds that in case there is any dispute in regard to payment of interest, the applicant may approach the appropriate forum ventilating his grievance as the contempt Court does not have the jurisdiction to adjudicate the matter as it cannot do roving and fishing enquiry as has been held by Supreme Court in the recent judgment of Dr. U.N. Bora, Ex. Chief Executive Officer and others Vs. Assam Roller Flour Mills Association and another, 2022 (1) SCC 101.

In view of said fact, the contempt application is rendered infructuous.

Contempt notice stands discharged.

File consigned to record.

Order Date :- 24.5.2022//V.S.Singh