Jehangir Ahmad Khan vs R. K. Goyal And Another
2024 Latest Caselaw 1274 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Jehangir Ahmad Khan vs R. K. Goyal And Another on 23 August, 2024

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                                Sr. No.66
                                                                                Regular List

          IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                               AT SRINAGAR
                                             CCP(S) No. 316/2023 in
                                              OWP No. 2058/2015

          Jehangir Ahmad Khan.                                          ...Petitioner(s)/Appellant(s)

          Through:              Mr. R. A. Khan, Advocate.
                                                        Vs.
          R. K. Goyal and Another.                                                ...Respondent(s)

          Through:              Ms. Maha Majeed, Assisting Counsel vice
                                Mr. Mohsin Qadiri, Sr.AAG.

          CORAM:
                                HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                                    ORDER

23.08.2024

In terms of order dated 26.07.2024, learned counsel appearing for the respondents were directed to deposit the amount to the tune of Rupees 10,00000/- (Ten Lakhs) in terms of Judgment dated 09.06.2023.

Statement of facts stands filed by Mr. Jehangir Dar, learned GA, on behalf of respondents on 21.08.2024 wherein it is stated that respondents have filed LPA bearing no. 238/2023 titled "Union Territory of J&K vs. Jehangir Ahmad Khan"

which LPA was dismissed for want of prosecution on 29.05.2024 as such, the restoration application was filed by the respondents. It is further stated in the statement of facts that the condonation of delay application was restored on 12.08.2024.

Ms. Maha Majeed, learned Assisting Counsel appearing vice Mr. Mohsin Qadiri, learned Sr.AAG submits that the aforementioned appeal is listed on 30.08.2024 for consideration.

The perusal of the file would reveal that infact the respondents had filed a time barred appeal being LPA No. 238/2023 accompanied by an application for condonation of delay. It is the said condonation of delay application, being CM No. 7197/2023, which was dismissed on 29.05.2024 and not the LPA as stated in the statement of facts. The appellants have subsequently filed restoration application being CM No. 3709/2024 seeking restoration of the condonation of delay application, CM No. 7197/2023, which has been allowed in terms of order dated 12.08.2024. It is this condonation of delay application that is listed for consideration,

after its restoration, before the Division Bench on 30.08.2024, and not the appeal as projected by the Assisting Counsel.

The above narration of events was recorded only to point out that the LPA that is sought to be used as camouflage by the respondents to seek deferment of these proceedings has not yet been listed before the Court and its consideration is only subject to the satisfaction of the Division Bench vis-à-vis the delay occasioned in filing the appeal.

Respondents were under an obligation to deposit the amount of Rupees 10,00000/- (Ten Lacs) in terms of order dated 26.07.2024 which has not been deposited.

Ms. Maha Majeed, learned counsel appearing for the respondents is directed to deposit the amount to the tune of Rupees 10,00000/- (Ten Lacs) before the Registrar Judicial of this Court within two weeks, failing which, coercive measures shall be initiated against the respondents for the non-compliance of the Court orders.

List this matter on 02.09.2024.

(MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR:

23.08.2024 Shaista-PS