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2026 DAILYLAW 506 (JK)

SHABIR AHMED v. IFFCO TOKIO GENERAL INSURANCE CO LTD TH ITS DIVISIONAL MANAGER JAMMU

CM(M)/22/2026 · 2026-02-13

Sanjay Dhar

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CM(M) No.22/2026 Shabir Ahmed …..Petitioner(s) Through: Mr. Muzzaffar Ali Shah, Advocate Vs Iffco Tokio General Insurance Co. Ltd. .…. Respondent(s) Through: Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 13.02.2026 1. The petitioner, through the medium of present petition, has challenged order dated 22.01.2026 passed by learned MACT, Poonch, whereby recovery warrants have been issued against him for not having satisfied the award passed by the Tribunal on 30.05.2018. 2. Learned counsel for the petitioner has submitted that against the award dated 30.05.2018, the petitioner has already filed an appeal before this Court. He has fairly conceded that no stay of the execution proceedings has been ordered by this Court till date. In this view of the matter, no fault can be found in the order passed by the Executing Court. Unless there is a stay order from the superior Court, executing courts are duty bound to execute awards/decrees. The petitioner would be well advised to make a proper motion in the appeal already Serial No.132 2 CM(M) No.22/2026 filed by him before this Court and seek stay of the execution proceedings. 3. In view of the above, I do not find any ground to interfere with the impugned order passed by the executing Court. The petition is dismissed, leaving it open to the petitioner to work out appropriate remedy. (Sanjay Dhar) Judge Jammu 13.02.2026 Sneha