In Owp No. 879/2018 vs Javaid Bakshi Himayoon & Ors
2023 Latest Caselaw 989 j&K/2

Serial No. 5
Regular Causelist

HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR

CPOWP No. 294/2018
In OWP No. 879/2018
Amani Syed.
..... Petitioner(s)
Through: None.
V/s
Javaid Bakshi Himayoon & Ors.
..... Respondent(s)

Through: Mr. Ilyas Nazir Laway, GA.

CORAM:
HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE.

ORDER

19.08.2023

The instant contempt petition has been filed by the petitioner for " May 2018 passed in OWP No.

879/2018, whereby, in releasing the retainer-ship in

to consider the claim of the petitioner and:to take n : .

favour of the petitioner forth of passing of the judgment. I tther provided that in the event the

amount due to the _fee isn t paid to her within the

prescribed time, the resp ad

said amount along with ititerés

has become due to the petitioner till the date it is actually paid to her.

Statement of facts/compliance report has been filed by the respondents, contending therein that services of the petitioner were never utilized as a standing counsel by the SKICC in any case, however, retainership was released by the respondents in her favour as a matter of goodwill gesture to avoid unnecessary litigation. It is further contended that the respondents have already issued cheque bearing No. 554514 dated 12" July 2018 in favour of the petitioner for an amount of Rs. 30,000/- on account of retainer-ship @ Rs. 6000/- per month with effect from September

2017 to ending January 2018 and same has already been communicated to

the petitioner vide communication dated 17" July 2018.

Since, no one has appeared on behalf of the petitioner, which shows that the petitioner is satisfied with the amount of retainership already released in her favour, therefore, nothing survives for adjudication in this contempt petition, as such, same is accordingly closed. However, the petitioner shall be at liberty to seek revival of the contempt petition, if there

is any deficiency in the statement of facts/compliance report.

(Tashi Rabstan) Judge SRINAGAR:

19.08.2023 "Hamid"