Mohammad Shafi Rather And Ors vs Dheeraj Gupta And Ors
2021 Latest Caselaw 1698 j&K/2

                                                             Serial No. 29
                                                           Regular cause list



      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT SRINAGAR

                                               CCP(D) No. 33/2021

Mohammad Shafi Rather and Ors.
                                                            ..... Petitioner(s)
                              Through: -
      Mr. M. A. Qayoom, Advocate with Mr. Mian Muzaffar, Advocate


                                    V/s
Dheeraj Gupta and Ors.
                                                          ..... Respondent(s)

Through: -

Mr. Moomin Khan, Advocate

CORAM:

Hon'ble Mr Justice Ali Mohammad Magrey, Judge Hon'ble Mr Justice Mohd Akram Chowdhary, Judge Order 29.12.2021

When this matter was taken up for consideration, Mr. Moomin Khan,

learned counsel appearing for the respondents sought some more time to

submit the statement of facts/compliance of final order/Judgment dated

10.07.2019, passed in LPAOW No. 77/2018 titled Mohammad Shafi Rather

and Ors., Vs. State of JK and Ors., in terms whereof the Division Bench of

this Court while disposing of the appeal, directed the respondents to ensure

refund of the amounts received by the Srinagar Municipal Corporation with

simple interest @ 7.5% per annum with effect from the date on which the

respective amounts were received till the amounts are actually refunded with

further direction that the amount to be refunded shall be positively computed

within a period of six weeks from today and the calculation shall be informed to the appellants with further direction to pay the amounts within a period of

four weeks thereafter.

As per the direction of the Court, the process of refunding was required

to be completed within ten weeks from the date of the order, but instead of ten

weeks, the respondents have taken more than two and a half years for

implementation of the said order.

In the above background and without making any further observation,

we direct the respondents to ensure payment/refund of the amount as directed,

by the Court in terms of the order dated 10.07.2019 within a period of six

weeks, which shall be the last opportunity. In the event, the payments are not

made in tune with the direction passed by the Letters Patent Bench, an amount

of Rs. 30.00 lacs be deposited before the Registry of this Court by or before

the next date of hearing. It is expected of the respondents that appropriate

steps would be taken to avoid coercive method.

List on 24.02.2022.

Copy of the order be provided to Mr. Moomin Khan, learned counsel

appearing for the respondents.

                               (Mohd Akram Chowdhary)           (Ali Mohammad Magrey)
                                        Judge                             Judge

           SRINAGAR
           29.12.2021
           "Mohammad Yasin Dar"




MOHAMMAD YASIN DAR
2021.12.29 14:41
I attest to the accuracy and
integrity of this document