Item No.36 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on:07.04.2026 Uploaded on: 15.04.2026 Whether the operative part or full order is pronounced: Full RP No.78/2021 c/w FAO No.1/2023 STATE OF J&K AND ANR. ...PETITIONERS/APPELLANT(S) Through: - Mr. Ilyas Laway, GA Vs. M/S ADIL CONSTRUCTION COMPANY …RESPONDENT(S) Through: - None. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER(ORAL) 1) Through the medium of present petition, the petitioners are seeking review of order dated 6th July, 2021, passed by this Court whereby Civil Revision No.29/2019 filed by the review petitioners has been dismissed. 2) Heard and considered. 3) It appears that an application under Section 34 of the Arbitration and Conciliation Act came to be filed by the review petitioners for challenging award dated 17.11.2012 passed by the Arbitrator before the Court of learned Principal District Judge, Srinagar. The said petition came to be dismissed for non-prosecution vide order dated 19.08.2017. The restoration application, which was delayed by 96 days, also came to be dismissed by the learned District Judge by declining to condone the delay, in terms of order dated 30.03.2018. 4) The petitioners challenged order dated 30.03.2018 through the medium of an appeal which was registered as FAO No.01/2023. Along with the appeal, they filed an application seeking condonation of delay in filing the appeal which was registered as CONC No.62/2018. In the meantime, the Executing Court i.e. the Court of learned District Judge, Srinagar, passed an order on 19.04.2019, which came to be challenged by t he petitioners by way of Civil Revision No.29/2019. 5) It appears that CONC No.62/2018 and CR No.29/2019 were clubbed together and both were taken up for consideration on 6th July, 2021. Vide the order under review, this Court, after condoning the delay, allowed CONC No.62/2018 but inadvertently it has been mentioned in order dated 06.07.2021 that the Civil Revision is taken on board as if the delay had been condoned in filing the Civil Revision petition whereas the fact of the matter is that CONC No.62/2018 had been filed in the appeal filed against order dated 30.03.2018 passed by the learned Principal District Judge, Srinagar. The said application had nothing to do with CR No.29/2019, by virtue of which the petitioners had sought quashment of order dated 19.04.2019 passed by the Executing Court. In fact, perusal of the record would reveal that there was no delay in filing the Civil Revision No.29/2019. 6) So far as the order sought to be reviewed to the extent of condonation of delay in filing the appeal is concerned, it is to be noted that the review petitioners have no grievance to this extent. Their grievance is confined to dismissal of Civil Revision No.29/2019. It is being contended that this Court has, while passing the order under review, treated the condonation of delay application bearing CONC No.62/2018 as one having been filed in civil revision petition. To the extent that the said application was not filed in Civil Revision petition, the contention of the petitioners is correct but otherwise the order of dismissal of Civil Revision No.29/2019 does not warrant any interference in exercise of review jurisdiction by this Court. The order impugned passed by the learned Executing Court on 19.04.2019, in fact, is not revisable in nature. By virtue of the said order, the Executing Court has only asked the petitioners herein/judgment debtors to deposit the award amount. Therefore, there is no infirmity in the said order. 7) The review petition as against the order dismissing Civil Revision No.29/2019 is, therefore, without any merit and is dismissed as such. 8) Since the delay in filing the appeal against order dated 30.03.2018 stands condoned by virtue of order dated 6th July, 2021 passed in CONC No.62/2018, therefore, the main appeal (FAO No.01/2023) shall be taken up for consideration on the next date of hearing. 9) Learned counsel for the petitioners has submitted that despite there being no direction to the Registry of this Court to transfer the deposited amount to the Executing Court, the amount stands transferred to the Executing Court and the respondent has got the same released. In this regard, the Registry of this Court shall furnish a detailed report after obtaining comments from the Executing Court. 10) List the appeal on 12.05.2026. (Sanjay Dhar) Judge SRINAGAR 07.04.2026 “Bhat Altaf-Secy” Whether the Order is speaking: YES Whether the Order is reportable: YES/NO