Executive Engineer Phe Hydraulic ... vs Mudasir Rashid Zargar
2022 Latest Caselaw 636 j&K/2

                                                             S. No. 16
                                                             Regular Cause List
     IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT SRINAGAR

                           CM(M) No. 176/2021

Executive    Engineer     PHE     Hydraulic       Division     ...Petitioner(s)
Bandipora

Through: Mr. Irfan Andleeb, Dy. AG
                                    Vs.

Mudasir Rashid Zargar                                        ...Respondent(s)

Through: Mr. I. A. Sofi, Adv.
CORAM:
  HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
                                ORDER

19.05.2022

1. Order dated 8th October 2021, passed by the Principal District Judge,

Bandipora, in execution petition, whereby the official account head of

the respondent, Executive Engineer, PHE Bandipora, bearing No.

CDG/5390, maintained in the J&K Bank Limited, Branch T. P.

Bandipora, was attached to the extent of decretal amount of Rs. 8.92

lacs, has been challenged in this petition by invoking the provisions of

Article 227 of the Constitution of India.

2. This Court vide order dated 02.12.2021, stayed the operation of

aforesaid order.

3. Learned counsel for the respondent has raised objection regarding the

maintainability of this petition. During the course of arguments, he has

submitted that if the petitioner undertakes to pay decretal amount

alongwith interest within reasonable time, he would not press his

objection and also will not seek enforcement of order dated 08.10.2021,

which is under challenge in this petition.

4. Learned counsel for the petitioner submits that petitioner would pay the

decretal amount alongwith interest within one month.

5. Having regard to the submissions made by learned counsel for the

parties, this petition is disposed of with a direction that the decretal

amount alongwith interest shall be paid by the petitioner within a period

of one month. Till then the order dated 08.10.2021, shall remain in

abeyance. In the event, judgment debtor fails to pay and liquidate the

decretal amount, the Trial Court shall enforce the order and take every

step for liquidation of the decretal amount along with interest.

(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 19.05.2022 Manzoor

MANZOOR UL HASSAN DAR 2022.05.19 16:04 I attest to the accuracy and integrity of this document