Jammu & Kashmir High Court - Srinagar Bench
Abraq Infrastructures Llp Through vs Mr. Bhupinder Kumar And Ors on 14 October, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
S.No.21
Regular List
IN THE HIGH COURT 0F JAMMU & KASHMIR ANLADAKH
AT SRINAGAR
CCP (S ) 447/2023
ABRAQ INFRASTRUCTURES LLP THROUGH ...Petitioner(s)/Appellant(s)
ITS MAGAGING PARTNER REYAZ AHMAD
QADRI
Through: Mr. Adil Asimi, Advocate
Vs.
MR. BHUPINDER KUMAR AND ORS. ...Respondent(s)
Through: Mr. Jehangir Ahmad Dar, GA
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
14-10-2024
1. Respondent no. 6, Deputy Commissioner Srinagar, has
appeared through virtual mode.
2. The record reveals that the instant contempt petition was listed
on 2nd August, 2024, when respondents were directed to release
the amount of Rs. 9,00,44,358 (Nine crore, forty four thousand,
three hundred, fifty eight) in favour of the petitioner by or
before next date of hearing, failing which, it was observed that
coercive measures in terms of order dated 24th April, 2024 read
with order dated 10th July, 2024 shall be taken. The aforesaid
order came to be passed in the light of the assurance extended
by Commissioner/Secretary, Revenue and Commissioner/
Secretary, PWD, who were present before this Court and on
their assurance last and final opportunity of four weeks was
granted for compliance of the judgement passed by this Court
dated 10th July, 2023.
3. Since judgement dated 10th July, 2023, was not complied with
in its letter and spirit, this Court vide its order dated 2nd
September, 2024, granted two weeks' further time to the
respondents to file fresh compliance report, strictly in
conformity with judgement dated 10th July, 2023 by reflecting
that amount of the admitted liabilities to the tune of Rs.
9,00,44,358 (Nine crore, forty four thousand, three hundred,
fifty eight) along with interest @ 6% per annum from the date
of passing of the judgement i.e.,10th July, 2023 stands
transferred in the account of the petitioner.
4. Inspite of the direction issued by this Court from time to time,
judgement dated 10th July, 2023, which has assumed finality,
has not been complied with in its letter and spirit and when the
instant contempt petition was listed before this Court on 18th
September, 2024, learned counsel for the respondents submitted
that the Administrative Department has already approved the
admitted liability of the petitioner on 5th September, 2024, and
in the aforesaid backdrop, further time was granted to the
respondents to release the admitted liability along with the
interest by or before the next date of hearing, failing which, it
was observed that the coercive measures shall be initiated
against the officers responsible for not complying the said
direction.
5. Inspite of the concurrence from the Administrative Department
for release of the admitted liability on 5th September, 2024 and
also in the light of the fact that the direction was issued by this
Court in the instant contempt petition on 18th September, 2024,
the order was not complied with. On the other hand, Mr.
Jehagnir Ahmad Dar, learned Government Advocate,
undertook to file fresh compliance report, by or before the next
date, by reflecting that the admitted amount to the tune of Rs.
Rs. 9,00,44,358 (Nine crore, forty four thousand, three hundred,
fifty eight) along with interest @ 6 percent per annum will be
transferred in the account of the petitioner, failing which, the
personal presence of respondents 1, 5 and 6 before this Court
was ordered through virtual mode.
6. Today, when the instant contempt petition was taken up for
consideration, it has been brought to the notice of this Court by
learned counsel for the petitioner, that inspite of the direction
issued by this Court from time to time, the judgement passed by
this Court has not been complied with and the respondents are
adopting dilly daily tactics with a view to frustrate the
judgement dated 10th July, 2023 passed by this Court, which
has assumed finality.
7. Prima facie the respondents are in recurring contempt of the
Court, as they have flouted the directions passed by this Court
with impunity and accordingly, it is a fit case where rule is
required to be framed.
8. However, before proceeding further in the matter, this Court
deems it proper to grant last and final opportunity of two
weeks' to the respondents to comply order/judgement passed
by this Court dated 10th July, 2023, in its letter and spirit within
two weeks by reflecting that the admitted amount to the tune of
Rs. 9,00,44,358 (nine crore, forty four thousand, three hundred,
fifty eight) along with interest @ 6 per annum stands
transferred in the account of the petitioner, failing which, this
Court will be constrained to frame rule against respondents 1, 5
and 6.
9. It is made clear that in case order/judgment passed by this
Court mentioned supra is not complied with within two weeks,
then respondents 1, 5 and 6 shall appear in person before this
Court, on the next date of hearing.
10.List this contempt petition on 6th November, 2024.
(WASIM SADIQ NARGAL)
;
JUDGE
SRINAGAR:
14-10-2024
Mubashir
