Jan Mohammad Ulfat And Ors vs Mushtaq Ahmad Shah
2023 Latest Caselaw 1341 j&K/2

                                                  65
                                                   (Supplementary list)
     HIGH COURT OF JAMMU &KASHMIR AND LADAKH
                AT SRINAGAR
                                                    CM(M) No. 268/2023
                                          CM Nos. 6380/2023 & 6381/2023
                                                    Caveat No. 2493/2023

Jan Mohammad Ulfat and Ors.
                                                        ..... Petitioner (s)

                     Through:         Mr. Shariq Riyaz Jan, Adv.
                                V/s
Mushtaq Ahmad Shah
                                                        ..... Respondent(s)

                     Through:         Mr. Saqib Amin Parray, Adv.
CORAM:
           Hon'ble Mr. Justice Rajnesh Oswal, Judge.

                                ORDER

17.10.2023

1. Earlier also when the order dated 29.10.2022 was passed by the

Executing Court whereby warrant of arrest and detention against the

petitioners was issued, the petitioners had approached this Court

through the medium of CM(M) No. 261/2022 and this Court vide

order dated 09.11.2022 had stayed the operation of the order dated

29.10.2022 subject to deposit of Rs. 25.00 lacs by the petitioners

before the Executing Court within a period of 10 days failing which

the respondent was given liberty to make motion before the

Executing Court for issuance fresh warrant of arrest against the

judgment debtors/petitioners. The order dated 09.11.2022 was not Page |2 CM(M) No. 268/2023 CM Nos. 6380/2023 & 6381/2023 Caveat No. 2493/2023

complied by the petitioner therein resultantly vide order dated

28.02.2023, this Court granted further weeks time to do the needful

and simultaneously it was ordered that in the event needful is not

done the order dated 09.11.2022 shall stand vacated. It appears that

the petitioner did not comply with the order dated 09.11.2022 which

prompted the Executing Court to issue fresh warrant of arrest vide

order dated 12.10.2023 which has been impugned by the petitioners

through the medium of present petition under Article 227 of the

Constitution of India.

2. With the appearance of Mr. Saqib Amin Parray, Advocate, caveat as

lodged shall stand discharged.

3. Learned counsel for decree holder/respondent very fairly submits

that the decree holder is interested only in getting the money and

respondent does not want the petitioners to be in custody provided

they are willing to make payment within a period of 15 days.

4. Learned counsel for the petitioners submits that the petitioners

would make arrangement so as to ensure that amount of Rs. 25.00

lacs is deposited by the petitioners within a period of 15 days from

today with the Executing Court.

5. Learned counsel for the respondent is not averse to the submission

made by learned counsel for the petitioners.

Page |3 CM(M) No. 268/2023 CM Nos. 6380/2023 & 6381/2023 Caveat No. 2493/2023

6. Accordingly the petition is disposed of by providing that the

petitioners shall deposit an amount of Rs. 25.00 lacs with the

Executing Court within a period of 15 days from today failing which

consequences envisaged vide order dated 12.10.2023 shall follow.

Till 15 days from today, the order impugned shall stay.

7. Disposed of as above along with connected CM.

8. Copy of this order be provided to learned counsel for the petitioners

under the seal and signature of the Bench Secretary of this Court.

(Rajnesh Oswal) Judge SRINAGAR 17.10.2023 Aasif