Jammu & Kashmir High Court - Srinagar Bench
Karam Chand Thapar And Bros. (Coal ... vs The Chief Engineer Upper Singhd Hydel ... on 25 November, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 29
Reg Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
EXP 1/2024
CM(7433/2025).
KARAM CHAND THAPAR AND BROS. (COAL SALES) LIMITED.
...Petitioner (s)
Through: Mr. Pranav Kohli, Senior Advocate with
Mr. Rahul Sharma, Advocate. (th. Virtual Mode)
VERSUS
THE CHIEF ENGINEER UPPER SINGHD HYDEL PROJECT AND ORS.
Through: Mr. Faheem Nisar Shah, GA.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER
25-11-2025
01. This is an application filed by the decree holder seeking release of the amount deposited with the Registrar Judicial of this Court pursuant to the direction dated 23rd of May 2025, passed by the Commercial Appellate Division of this Court while exercising powers under Section 37 of the Arbitration and Conciliation Act. It appears that by virtue of the Order dated 23 rd of May 2025, passed by the Commercial Appellate Division Bench of this Court, the execution proceedings pending before this Court have been stayed, subject to the deposition of 50% percent of the award amount.
02. It appears that, in compliance with the said directions, 50% percent of the award amount already stands deposited with the Registrar Judicial of this Court. Release of the said amount can be ordered only by the Commercial Appellate Division, which has passed the order relating to the conditional stay of execution proceedings. The Court in its capacity as Executing Court, cannot entertain the present application.
03. In these circumstances, it shall be open to the decree holder to make an appropriate motion before the Commercial Appellate Division for seeking release of the deposited amount.
04. The application stands disposed of.
05. List the main petition on 10th of December, 2025.
(Sanjay Dhar) Judge SRINAGAR 25-11-2025 Showkat Khan