M/S Confident Dental Equipments vs Yashpal Sharma And Ors
2024 Latest Caselaw 1596 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

M/S Confident Dental Equipments vs Yashpal Sharma And Ors on 21 October, 2024

Author: Wasim Sadiq Nargal

Bench: Wasim Sadiq Nargal

                                                  S.No.195
                                                  Supp. List
     IN THE HIGH COURT 0F JAMMU & KASHMIR ANLADAKH
                       AT SRINAGAR

                          CCP(S) 479/2021 in
                           [OWP 2257/2018]
                            CM(3981/2023)
M/S CONFIDENT DENTAL EQUIPMENTS ...Petitioner(s)/Appellant(s)
LIMITED


Through: Mr. M.I. Qadri, Senior Advocate vice
         Mr. Owais Shafi, Advocate

                                  Vs.
YASHPAL SHARMA AND ORS.                                  ...Respondent(s)

Through: Mr.Mubashir Malik, Dy.AG


CORAM:
     HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                               ORDER

21-10-2024

1. The instant contempt petition has been preferred by the

petitioner, by way of a second round of litigation for implementation

of order/judgement passed by the this Court on 26th March, 2019, by

virtue of which, the writ petition bearing OWP No. 2257/2018 was

disposed of with a direction to the respondents to determine the

entitlement of amount, if any, due to the petitioner, and consider the

release of payment of such amount in his favour within a period of

two weeks from the date copy of this order along with paper book was

made available to the respondents.

2. Mr. M.I. Qadri, learned Senior Counsel assisted by Mr. Owais

Shafi, learned Advocate, has vehemently argued that the respondents

pursuant to the order/judgment mentioned supra have released an amount of Rs. 1.50 crore in favour of the petitioner, however, more

than Rs. 3 crore approximately is still being payable by the

respondents to the petitioner and feeling aggrieved of the same, the

instant contempt petition has been preferred.

2. Compliance report stands filed on behalf of the respondents.

The respondents while filing the compliance report have not assigned

any reason that what weighed with the authorities not to comply the

order/judgement dated 26th March, 2019, which has assumed finality.

3. With a view to proceed further in the matter, this Court directs

learned counsel for the respondents to file fresh compliance report

indicating therein the steps taken by the respondents in furtherance of

the order/judgement mentioned supra and also highlight the exact

amount being payable to the petitioner, as on date.

After recording satisfaction with respect to the amount being

payable to the petitioner in conformity with the order/judgment

passed by this Court, the respondents are further directed to accord

consideration to the release of the same within four weeks thereafter

strictly in tune with the order/judgment passed by this Court

mentioned supra by passing a detailed consideration order.

4. Let the compliance report be filed within a period of four weeks

positively, and along with the compliance report, the respondents are

further directed to place on record the consideration order as well.

5. List on 25th November, 2024.

;

(WASIM SADIQ NARGAL) JUDGE SRINAGAR:

21-10-2024 Mubashir