Director General Of Police vs Gul Nisha Begum & Ors
2026 Latest Caselaw 835 J&K

Jammu & Kashmir High Court

Director General Of Police vs Gul Nisha Begum & Ors on 17 February, 2026

                                                                    Serial No. 117

  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU
Mac App No. 207/2024
CM No. 1321/2025
CM No. 8340/2025
CM No. 6851/2024
Cav No. 2146/2024
Director General of Police, J&K,                    .....Appellant(s)/Petitioner(s)
Jammu.
                       Through: Mrs. Monika Kohli, Sr. AAG.
                 vs
Gul Nisha Begum & Ors.                                        ..... Respondent(s)
                       Through: Mr. Rahul Pant, Sr. Advocate with
                                Mr. Ajaz Chowdhary, Advocate.

CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
                                   ORDER

(17.02.2026)

01. The instant application has been moved by the applicant seeking modification of order dated 27.11.2024, passed by this Court, whereby, the impugned award was directed to be stayed, subject to the deposit of the entire award amount within six weeks.

02. It has been pleaded that the order be modified in view of the provisions of Rule 8A of Order XXVII read with Section 151 CPC and Section 173 of the Motor Vehicles Act, which provides that the appeal can be entertained on the deposit of either Rs. 25,000/- or 50% of the awarded amount.

03. Learned counsel for the non-applicants/respondents submits that provisions referred to by the applicant are not binding on this Court so as to not order the deposit of the entire amount.

04. Having considered the submissions, this Court is of the view that the application filed by the applicant/petitioner is misconceived and the same is turned down.

05. The application, is thus, rejected.

01. Learned counsel for the appellant submits that respondents have not deposited back the amount of Rs. 23,37,069/-, which had been disbursed to them. However, learned senior counsel for the respondents submits that an arrangement can be worked out, whereby the amount already disbursed to the respondents/claimants can be adjusted from the amount to be deposited by the appellant and remitted back to the appellant's account bearing No. 110010100000171, considering the difficulty being faced by appellant on the different account heads, which cannot be subjected to such recovery.

02. In view of the submissions made by learned counsel for the parties, it is ordered that the impugned award shall stay subject to the deposit of entire awarded amount within a period of four weeks, by the appellant along with interest as on date of the filing of the appeal and on such deposit, an amount of Rs. 23,37,069/- shall be refunded to the appellant's account bearing No. 110010100000171, with further condition that not more than 50% of awarded amount, shall be released in favour of the claimants, till disposal of the appeal.

03. List on 30.03.2026.

(M A CHOWDHARY) JUDGE

Jammu 17.02.2026 Renu