Ut Of J&K And Anr vs Aibak Electric Industries Barzulla on 1 November, 2023

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Jammu & Kashmir High Court - Srinagar Bench

Ut Of J&K And Anr vs Aibak Electric Industries Barzulla on 1 November, 2023

Bench: Puneet Gupta

                                                               Serial No. 132
                                                               Suppl. cause list
  IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
                                 CM(M) No. 293/2023
                                 CM No. 6620/2023


UT of J&K and Anr.
                                                   ..... Appellant/petitioner(s)
                                 Through: -
                         Mr. Ilyas Nazir Laway, GA

                                         V/s
Aibak Electric Industries Barzulla
                                                            ..... Respondent(s)

Through: -

Mr. Azhar-ul-Amin, Advocate CORAM:

HON'BLE MR JUSTICE PUNEET GUPTA, JUDGE (ORDER) 01.11.2023 The petitioners through the medium of present petition have sought quashment of impugned award dated 20.04.2021, passed by the Secretary Micro & Small Enterprises Facilitation Council Kashmir, Division Srinagar (Joint Director, I&C), Kashmir and also the order dated 13.06.2023, passed in execution petition by the Court of Additional District Judge (Bank Cases), Srinagar, on the ground that the award/order passed is not in accordance with the provisions of Micro Small and Medium Enterprise Development Act, 2006 and that the petitioners were not heard. The petitioners also seek interim relief in the matter.

Issue notice to respondent, waived by Mr. Azhar-ul-Amin, learned counsel for the respondent.

Mr. Azhar-ul-Amin, learned advocate has appeared on behalf of respondent. The respondent though is not on caveat, yet the counsel for the respondent has been heard. The initial argument raised by the respondent is that the petition is not maintainable and that petitioners had admitted the liability before the Executing Court.

The Court is of the view that the petitioners have been able to make out a case at this stage for grant of interim relief. Accordingly, the execution proceedings arising out of the impugned award dated 20.04.2021, shall stay till next date of hearing before the Bench. The respondent is at liberty to file objections in the meanwhile.

List on 24. 11.2023 (PUNEET GUPTA) JUDGE SRINAGAR 01.11.2023 "Mohammad Yasin Dar"

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Jammu & Kashmir High Court - Srinagar Bench