Jammu & Kashmir High Court - Srinagar Bench
Ut Of Jammu And Kashmir And Ors vs M/S Mips Technologies on 8 May, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
AT SRINAGAR
Case: CM No. 2634/2025 in AA No. 3/2021
UT of Jammu and Kashmir and ors Appellant(s)/non-applicant
Through :- None
V/s
M/S MIPS Technologies Respondent(s)/applicant
Through :- Mr. Muzaffar Ahmad Dar, Advocate
CORAM:
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
1 This is an application filed by the applicant/respondent seeking
release of the award amount of Rs.66,07,476/-, along with interest accrued
thereon from the date of deposit till date, which is lying in deposit with the
Registry of this Court in terms of the order dated 12.02.2021, passed in the
aforesaid appeal. The application is made in view of the vacation of the interim
stay granted vide order dated 19.02.2021. The applicant also seeks a direction to
the non-applicants/appellants to deposit the remaining balance of the award
amount in accordance with the Arbitral Tribunal's award dated 05.02.2020.
2 Heard learned counsel for the applicant on this application.
3 It is submitted by learned counsel for the applicant/respondent that,
considering the fact that the applicant has suffered on all counts at the hands of
the appellants without any cause, reason or justification, despite having duly
executed the works contract, as evidenced from the Award dated 05.02.2020
passed by the Arbitral Tribunal and subsequently upheld and confirmed in the
appeal by the learned Principal District Judge, Srinagar vide judgment and order
dated 15.12.2020, the prayer seeking release of the aforesaid amount deserve to be
acceded to. This will enable the applicant to reap the fruits of the award and be
saved from further financial distress.
4 From the perusal of the order sheets, it is revealed that vide order
dated 19.02.2021, this Court while issuing notice to the respondent, provided that
subject to objections and till next date of hearing, operation of
the impugned award shall remain stayed. It was also provided that the amount
deposited before this Court shall be kept in a Fixed Deposit in the J&K Bank Ltd.,
Branch High Court Complex, Srinagar initially for a period of three months.
Further, it is revealed from the order sheets that vide order dated 29.04.2025,
interim stay on the operation of the impugned award has been vacated on the
ground that the learned counsel appearing for the appellants failed to appear and
assist the Court, despite several directions issued in this regard.
5 In view of the vacation of order dated 19.02.2021, there is no
impediment for this Court to direct release of the award amount deposited by the
appellants with the Registry of this Court. Moreover, despite several directions
issued by this Court, the appellants have shown no interest in the final disposal of
the appeal. This, however, does not mean that the applicant should be made to
wait any longer for the release of the award amount granted in his favour.
6 For the foregoing reasons, and in view of the grounds stated in the
application, the same is allowed. Accordingly, a sum of Rs. 66,07,476/-, along
with interest accrued thereon from the date of deposit till date, shall be released by
the Registry in favour of the applicant, subject to proper identification and
verification. CDR amount of Rs.3,4l,000/- along with interest
deposited at the time of award of contract by the appellants shall also be released
in favour of the applicant/respondent. This shall, however be subject to the
applicant submitting an undertaking to the effect that, in the event the appellants
succeed in the appeal, the applicant shall refund the amount received, along with
the interest accrued thereon, to the appellants. Furthermore, the appellants are
directed to deposit the remaining balance of the award amount along with interest
accrued thereon, in terms of the Award dated 05.02.2020 passed by the Arbitral
Tribunal.
The application stands disposed of accordingly.
(MOKSHA KHAJURIA KAZMI)
JUDGE
Jammu
08.05.2025
Sanjeev
