Jammu & Kashmir High Court - Srinagar Bench
Adil Farooq Mir vs M/S Kashmir Diary Corporate Office At ... on 4 April, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
RFA No. 20/2024
CM No. 1376/2024
Caveat No. 449/2024
Reserved On: 18th of March, 2024.
Pronounced On: 4th of April, 2025.
Adil Farooq Mir.
... Appellant(s)
Through: -
Mr M. Ayoub Bhat, Advocate.
V/s
M/S Kashmir Diary Corporate Office at SIDCO, Industrial Estate.
... Respondent(s)
Through: -
Mr Irshad Rasheed, Advocate.
CORAM:
Hon'ble Mr Justice Rahul Bharti, Judge
(JUDGMENT)
01. The respondent-M/S Kashmir Diary, acting through its
proprietor Javid Ahmad Deen, came to institute a civil suit on file
No. OS/291/2023 on 24th of August, 2023 against the appellant-
Adil Farooq Mir before the court of Additional District Judge,
Budgam.
02. The said suit was for recovery of an amount of
Rs.5,80,000/- for which Order 37 of the Code of Civil Procedure
(CPC), 1908 was invoked by the respondent for seeking money
decree in its favour with cheque No. 198012 dated 12th of June,
2023 purportedly issued by the appellant in favour of respondent,
being the suit document.
03. The appellant came to avail leave to defend from the
trial court of learned Additional District Judge, Budgam which
came to be granted vide an order dated 8th of December, 2023
subject to condition of deposit of Rs. 2.00 lacs by the appellant
with the trial court by or before 26th of December, 2023.
04. Upon his failure to make the requisite deposit within
the time given, the appellant came forward with an application on
26th of December, 2023 seeking extension of time meaning
thereby that the appellant accepted the imposition of condition
upon him by the court for payment of Rs. 2.00 lacs in order to
avail leave to defend in the suit but was interested to have
extension of time granted in his favour which was accorded in
favour of the appellant by virtue of an order dated 18th of
December, 2023, but even the said extension was let go waste by
the appellant thereby constraining the trial court of learned
Additional District Judge, Budgam to pronounce judgment against
him by taking recourse to Order 37 Rule 3 (6) (b) of the Code of
Civil Procedure (CPC), 1908 and decreeing the suit in favour of
the respondent against the appellant for recovery of Rs. 5,80,000/-
along with interest @ 6 percent per annum from the date of
institution of the suit till actual realization against which the
appellant landed before this court with the present civil first
appeal filed on 13th of March, 2024.
05. There is no denial to the fact that the decree earned by
the respondent is a non-contested one although the appellant was
willing to contest the suit of the respondent but was found lacking
in seriousness in fighting the suit by defaulting in making the
conditional deposit of Rs. 2.00 lacs in order to avail leave to
defend granted in his favour.
06. The appellant at his end had come to approach this
court to challenge the order dated 8th of December, 2023 granting
leave to defend with a condition of deposit Rs. 2.00 lacs by a
petition CM (M) No. 01/2024 in which this court came to show
indulgence by passing an interim order dated 31st of January, 2024
staying the operation of the condition of deposit of Rs. 2.00 lacs
but by the time this court came to grant indulgence since CM (M)
No. 01/2024, the suit of the respondent had already been decreed
vide judgment and decree dated 20th of January, 2024 and thus
leaving the appellant only with the remedy of appeal at his
disposal.
07. Given the fact that the appellant asked for extension of
time in making the deposit of Rs. 2.00 lacs is an admission of fact
from which the appellant cannot be allowed to wriggle out.
08. Simultaneously, in case the appellant is willing to avail
an opportunity to contest the suit of the respondent then the
appellant is obliged to deposit Rs. 2.00 lacs for which this court is
willing to come to his assistance.
09. Accordingly, the present appeal is allowed by setting
aside the judgment and decree dated 20th of January, 2024 in civil
suit titled 'M/s Kashmir Diary v. Adil Farooq Mir' on file No.
OS/291/2023 by retaining the import and mandate of order dated
8th of December, 2023 of granting leave to defend subject to
deposit of Rs. 2.00 lacs which shall be deposited by the appellant
with the court of Additional District Judge, Budgam within a
period two months from the date of passing of this order failing
which the court of Additional District Judge, Budgam shall be
well within its discretion to revive the judgment and decree dated
10. Appeal stands disposed of on the above terms, along
with the connected CM. Caveat No. 449/2024 shall also stand
discharged, accordingly.
11. Copy of this order to be sent to the court of learned
Additional District Judge, Budgam.
(Rahul Bharti)
Judge
SRINAGAR
April 4th, 2025
"TAHIR"
i. Whether the Judgment is approved for reporting? Yes/ No.
