Sahil Mahajan vs Ut Of J&K & Ors
2025 Latest Caselaw 1506 J&K

Jammu & Kashmir High Court

Sahil Mahajan vs Ut Of J&K & Ors on 23 May, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                   Serial No. 75


 HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT JAMMU
Case:-    WP(C) No. 2159/2023
          CM No. 6720/2023

Sahil Mahajan
Proprietor M/S New India Distilleries Vijaypur Samba


                                       .....Appellant(s)/Petitioner(s)

               Through: Mr. Jagpaul Singh, Advocate.

              Vs

UT of J&K & Ors.
                                                  .....Respondent(s)

               Through: Mrs. Monika Kohli, Sr. AAG for R-1 to
                        3.
                        Mr. Hem Raj Dogra, Advocate vice
                        Mr. Ajay Gandotra, Advocate for R-4.

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                              ORDER

(23.05.2025)

01. Pursuant to the direction given by this Court in terms of

an order dated 21.05.2025, Mr. Jagpaul Singh, learned Advocate for

the petitioner has come forward with the purported confirmation of

the fact and which is drawn from the physical file of the case that

an amount of Rs. 2,39,885/- came to be deposited by him with the

Nazir of this Court on 18.09.2023 vide registered serial No. 1129

meaning thereby the deposited money has come at the disposal of

this Court for the purposes of any appropriate direction in the

matter.

02. Learned counsel for the respondent No. 4 through CM

No. 6720/2023 is seeking withdrawal of the amount so deposited by

citing the reason and also submitted that the withdrawal be allowed

subject to any terms and conditions as this Court may deem fit to

be imposed upon the respondent No. 4.

03. Application CM No. 6720/2023 is allowed.

04. Let the amount of Rs. 2,00,000/- (rupees two lacs) out of

the deposited amount of Rs. 2,39,885/- be released in favour of the

respondent No. 4 subject to furnishing of an undertaking by him

that in the event of reversal of the impugned judgment in terms of

the adjudication of the present writ petition then the withdrawal

amount of Rs. 2,00,000/- shall be deposited back by the respondent

No. 4 alongwith the interest as may come to be directed by this

Court to be reimbursed. Released amount to be transferred in

favour of the respondent No. 4 through bank transaction subject to

identification of the respondent No. 4 by his counsel.

05. CM No. 6720/2023 is, accordingly, disposed of.

06. List the main matter on 30.07.2025.

(RAHUL BHARTI) JUDGE JAMMU 23.05.2025 Bunty