MAIN ABDUL NAYEEM AND ORS. (PUBLIC WORKS / ROADS AND BUILDINGS) v. M/S NEW B T ENTERPRISES GOVT CONTRACTOR AND SUPPLIER KASHMIR
LPA/183/2025 · 2025-08-14
Rajnesh Oswal
Review Petitionbody2025
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[ 2025 DAILYLAW 8685 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 8685 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 18
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
LPA 183/2025 in[CCP(S) 207/2022] CM(5172/2025)
MAIN ABDUL NAYEEM AND ORS …Petitioner(s)/appellant(s) Through: Mr. Abdul Rashid Malik, Sr. AAG
Vs. M/S NEW B T ENTERPRISES GOVT CONTRACTOR AND SUPPLIER KASHMIR
...Respondent(s) Through: Ms. Muzamil Jabeen, Advocate & Mr. Javaid Ahmad Katjoo, Advocate
CORAM:
HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
O R D E R 14-08-2025
1. The present appeal arises out of an order dated July 22, 2025 passed by the learned Single Judge in contempt proceedings on account of willful/deliberate non-compliance of the order and judgment dated December 31, 2021.
2. Concededly, the petition 40/2024 preferred by the appellants seeking review of the judgment dated December 31, 2021 is pending and is now listed for August 20, 2025.
3. It is not disputed either that the proceedings before the contempt court are posted for August 20, 2025.
4. At this stage, Ms. Muzamil Jabeen, Advocate appears for the respondents and submits, that, in terms of Clause 12 of the Letters Patent and the decision rendered by this Court in “Bhupinder Kumar & Ors vs. Mohammad Ashraf Khan & Ors” passed in LPA No. 273/2023 decided on 07.03.2024, the intra-court appeal against the order dated July 22, 2025, is not even maintainable. Thus, the same is required to be dismissed.
5. Faced with the above, Mr. Malik, learned counsel for the appellants submits that since the review petition, as indicated earlier, is posted on August 20, 2025, the appellants would be satisfied if the matter is
disposed of with the direction to learned Single Judge to consider and decide the same on the date fixed.
6. The prayer is not opposed by learned counsel for the respondents.
7. In the wake of the above and in terms of the statement made by learned counsel for the parties, the appeal is, accordingly, disposed of.
8. In the given circumstances, we request the learned Single Judge, who is in seisin of the review, to take up the matter, if possible, on the date fixed. And dispose of the same at the earliest.
9. However, it is clarified that owing to the statement made by learned counsel for the parties, we do not wish to delve into the issues, as regards the maintainability of the present appeal, in these proceedings.
(RAJNESH OSWAL)
(ARUN PALLI) JUDGE
CHIEF JUSTICE
SRINAGAR 14-08-2025 Shameem H.