Union Territory Of J&K & vs M/S R S Construction Engineers
2026 Latest Caselaw 803 J&K

Jammu & Kashmir High Court

Union Territory Of J&K & vs M/S R S Construction Engineers on 16 February, 2026

Author: Sanjay Dhar

Bench: Sanjay Dhar

                                                                  Serial No.63


       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

Case: AA No.04/2020

Union Territory of J&K &
Ors.                                                         .....Petitioner(s)

                   Through: Mrs. Monika Kohli, Sr. AAG with
                            Ms. Nisha Chargotra, Advocate


             Vs

M/s R S Construction Engineers
Contractors & Transporters                              ..... Respondent(s)

                   Through: None.

Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                 ORDER

16.02.2026

1. Appellants have filed application-CM No.575/2026

seeking stay of the execution proceedings pending before

the learned Commercial Court, Jammu.

2. Issue notice of this application to the respondents

through their counsel.

3. Mrs. Monika Kohli, Sr. AAG appearing on behalf of the

appellants has submitted that as per the audited

statement of accounts, only an amount of

Rs.4,68,255.70/- is to be paid by the appellants to the

respondents in terms of the impugned award but

learned executing Court, on the basis of the unaudited

statement of account filed by the respondents/award

holders, is seeking recovery of an amount of

Rs.20.37.171.44/- from the appellants/award debtors

without determining the merits of the rival contentions

raised by the parties.

4. There appears to be a, prima facie, merit in the

submission of learned Sr. AAG, as such till next date of

hearing before the Bench, the execution proceedings as

against the appellants/award debtors pending before the

learned Commercial Court, Jammu shall remain stayed,

subject to the appellant depositing an amount of

Rs.4,68,255.70/- with Registrar Judicial of this Court

within a period of four weeks. In case, the amount is

deposited, the same shall be kept in FDR for a period of

six months to be renewed periodically.

5. List this application bearing-CM No.575/2026 along

with main appeal on 30.03.2026.

(Sanjay Dhar) Judge Jammu 16.02.2026 Sneha