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Allahabad High Court

TANUJA KHAREversusDR. MAHENDRA DEV DIRECTOR MADHYAMIC SHIKSHA VIBHAG U.P. LKO. AND 2 OTHERS

Decided
Disposal
DISMISSED AS INFRUCTUOUS

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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