M/S R.D. Singh And Co vs Shaleen Kabra And Anr
2024 Latest Caselaw 43 j&K

Jammu & Kashmir High Court

M/S R.D. Singh And Co vs Shaleen Kabra And Anr on 31 January, 2024

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                       Sr.No.41


               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                              AT JAMMU

                                                  CCP(S) No. 256/2022


M/S R.D. Singh and Co.                                                 .... Petitioner(s)

                   Through :- Mr. Ajay Bakshi, Advocate.

         V/s

Shaleen Kabra and Anr.                                                ....Respondent(s)


                   Through :- Ms. Chetna Manhas, Advocate vice
                              Mr. Amit Gupta, AAG.
Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

                                    ORDER

31.01.2024.

1. Fresh compliance report filed by the respondents in terms of order dated

27.12.2023 indicates that respondent i.e. the Financial Commissioner, Jal Shakti

Department has taken up the matter with the Finance Department for allocation of

funds and the judgment would be implemented once such funds are provided.

2. Today, when the matter was taken up, Ms. Chetna Manhas, learned

counsel appearing vice Mr. Amit Gupta, learned AAG submits that an amount of

Rs 18.60 lakh is due to the petitioner and the same shall be paid after seeking

concurrence of the Finance Department. She further submits that the empowered

committee i.e. Finance Department, to whom the case was earlier referred, has

returned the file with an advice to resolve the claim of the petitioner by the

following codal formalities laid down by circular dated 06.04.2021.

3. It is submitted that in the light of directions conveyed by the Finance

Department, the Chief Engineer, I&FC, Jammu has worked on the liability and has

taken a decision to release the payment in favour of the petitioner after seeking

concurrence from the Finance Department.

4. Be that as it may, seeking of concurrence from the Finance Department,

whether required or not, is something which is required to be done by the

respondents in the Jal Shakti Department. The petitioner cannot be made to wait

indefinitely to get the fruits of the final judgment passed by this Court on such

lame excuses.

5. However, on the request of Ms. Chetna Manhas, learned counsel

appearing vice Mr. Amit Gupta, learned AAG, four weeks' time as last and final

opportunity is granted to disburse the admitted amount along with interest in terms

of the judgment passed by this Court, failing which, this Court would be

constrained to attach the account head of the Chief Engineer, Jal Shakti

Department on the next date of hearing.

(Sanjeev Kumar) Judge

Jammu:

31.01.2024.

Neha-1