M/S Eco Hvac Solutions vs Rajnesh Bal
2022 Latest Caselaw 1771 j&K/2

                                                             S. No. 38
                                                             Regular
    IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR
                           CPOWP No. 101/2016
M/S ECO HVAC Solutions                                      ...Petitioner(s)

Through: Mr. A. Hanan, Advocate, vice
         Mr. Zaffar Shah, Sr. Advocate.
                                      Vs.

Rajnesh Bal                                                ...Respondent(s)

Through: Mr. Sheikh Mushtaq, AAG., vice
         Mr. M.A. Chashoo, AAG.
CORAM:
 HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                  ORDER

13.10.2022

In terms of order dated 21.12.2015, respondents were directed to

consider the release of balance admitted amount in favour of the petitioner as

expeditiously as possible preferably within six weeks.

It was also made clear that in case the respondents fail to release the

admitted balance amount in favour of the petitioner within stipulated time,

the respondents would be liable to pay the petitioner the said amount along

with interest @ 9% from the date the amount has become due to the

petitioner till the date it is actually paid to him.

Vide order dated 16.07.2022, this Court had granted final opportunity

of four weeks' to the respondent-contemnor for filing compliance report.

Respondents have filed compliance report wherein at paragraph 3, it is

stated that the respondents had requested VC SDA to release the balance

amount which was released in the year 2016 after which the answering

respondent without any delay, released the balance amount in favour of the

petitioner vide Cheque No. 287849, dated 24.03.2016.

The compliance report is silent as regards the payment of interest,

therefore, Mr. Sheikh Mushtaq, learned AAG appearing vice Mr. M.A.

Chashoo, learned AAG, seeks and is granted last and final opportunity of

three weeks' for filing compliance report strictly in conformity with the

judgment dated 21.12.2015 with an advance copy to the other side.

List on 01.12.2022.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 13.10.2022 Junaid