GHULAM MOHI UD DIN SHEIKH v. HAJI BASHIR AHMAD DAR
CRM(M)/626/2023 · 2025-10-14
Javed Iqbal Wani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14982 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14982 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 57 Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 626/2023 CrlM (1437/2023) Ghulam Mohi ud Din Sheikh.
… Appellant/Petitioner(s) Through: Mr. Furahi, Adv. Vs. Haji Bashir Ahmad Dar. ...Respondent(s) Through: Mr. Tariq M Shah, Adv.
CORAM:
HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER 14.10.2025
1. Upon coming of the instant petition for consideration and during the course of its hearing, the learned counsel for the petitioner would submit that without seeking the judicial review of the impugned order on merits, the petitioner would be contended in case the amount of interim compensation by the court below in favour of the respondent herein under in terms of Section 143-A of the Negotiable Instruments Act, 1881 awarded in terms of the impugned order is slashed down to 20% to 10%. The proposal made by the learned counsel for the petitioner is being readily accepted by the learned counsel for the respondent.
2. Under these circumstances, without expressing any opinion qua the legality or otherwise of the impugned order on merits, the instant petition is disposed of with a consensus of the appearing counsel for the parties by treating the interim compensation awarded by the court below in terms of the impugned order in favour of the respondent herein and payable by the petitioner herein to 10% instead of 20%. It is further
provided that the grant of aforesaid interim compensation shall however, be subject to the filing of an undertaking by the respondent herein before the court below to the effect that in the event the respondent fails in the case he shall reimburse the said amount of 10% to the petitioner herein along with interest @ 7%.
3. Disposed of.
(JAVED IQBAL WANI)
JUDGE SRINAGAR: 14.10.2025 Sarvar