Allahabad High Court
TANUJA KHAREversusDR. MAHENDRA DEV DIRECTOR MADHYAMIC SHIKSHA VIBHAG U.P. LKO. AND 2 OTHERS
- Decided
- Disposal
- DISMISSED AS INFRUCTUOUS
- Bench
- SAURABH LAVANIA
Holding
Since the interest had already been paid, the contempt petition was deemed infructuous and dismissed.
Summary
Tanuja Khare filed a civil contempt application against Dr. Mahendra Dev and others, alleging non‑payment of interest at 7% per annum. The District Inspector of Schools, Unnao, testified that the interest had already been forwarded to the treasury on 14 March 2024 and produced a copy of the order. The applicant’s counsel stated that the client had not instructed any further action and had not been in contact. The court observed that, with the interest already paid, there was nothing left to adjudicate and the contempt petition had lost its efficacy. Consequently, the contempt application was dismissed as infructuous and any notice against the respondents was discharged.
Issues considered
- Whether the contempt petition remains maintainable when the alleged contempt (non‑payment of interest) has already been remedied.
Subjects
- civil contempt
- interest payment
- infructuous petition
- High Court
- contempt dismissal
Judgment
Neutral Citation No. - 2024:AHC-LKO:82792
Court No. - 17
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4579 of
2023
Applicant :- Tanuja Khare
Opposite Party :- Dr. Mahendra Dev Director Madhyamic
Shiksha Vibhag U.P. Lko. And 2 Others
Counsel for Applicant :- Alok Singh,Ratnam Khare,Shiva
Nand Mishra
Hon'ble Manish Kumar,J.
Sri Suraya Prakash Singh, District Inspector of Schools, Unnao
is present and has has stated that the payment of interest @ 7%
per annum has already been forwarded to the treasury on
14.03.2024 and the copy of the order has been shown to the
learned counsel for the applicant.
Learned counsel for the applicant has very fairly submitted that
his client has not instructed anything in this regard and has also
not contacted him since long. Since the payment of interest has
already been forwarded to the treasury in March, 2024, nothing
remains to be adjudicated by the contempt court, hence the
present contempt petition has lost its efficacy and the same may
be dismissed as infructuous.
As such, the present contempt application is dismissed as
infructous.
Notice, if any, issued against the respondent is discharged.
Order Date :- 11.12.2024
S. Kumar
Digitally signed by :-
SANTOSH KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench
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