Zubair Tariq Malla vs Mohd Sultan Wani on 16 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Zubair Tariq Malla vs Mohd Sultan Wani on 16 January, 2025

                                                                   Serial No. 3
                                                                    Suppl. List

           IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT SRINAGAR

                   CM No. 274/2025 in RFA No. 5/2025
                   CM No. 275/2025 CM No. 276/2025

ZUBAIR TARIQ MALLA                                              ...Petitioner(s)

Through: Ms. Iyenain Tasaduq, Advocate.
                                 Vs.

MOHD SULTAN WANI                                              ...Respondent(s)
Through:
CORAM:
        HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE.
                                   ORDER

16.01.2025

1. Heard the learned counsel for the applicant/appellant in respect of

prayer for condonation of delay and grant of interim relief. She

submitted that sufficient ground appears to be made out for

condonation of delay as is evident from the averments of the

condonation of delay application. The learned counsel inter alia

submitted that even if, this Court is not convinced to condone the

delay without notice to the other side, at least the interim relief prayed

for be granted as otherwise the applicant/appellant shall get highly

prejudiced and will suffer an irreparable loss. The learned counsel for

the applicant/appellant in support of her contention placed reliance on

an authoritative judgement of the Bombay High Court dated

21.09.2023 cited as “Shriram General Insurance Company Ltd. Vs.

Sou. Jyoti Vithoba Nahire and Anr”., with clubbed maters, in which it

has been held that ad-interim/interim stay can be granted on an award

passed under the Motor Vehicles Act even if the appellant’s
application for condonation of delay in filing the 1 st appeal against

such award is pending.

2. Issue notice to the respondent in the first instance in the condonation

of delay and interim applications for filing of objections returnable by

the next date of hearing, subject to taking of steps within a week’s

period. Dasti notice also permissible.

3. List on 03.02.2025.

4. In the meantime, subject to any vacation or modification, upon the

consideration of objections/arguments and till next date of hearing

before the Bench, the execution proceedings if any, initiated in respect

of the impugned judgement shall remain stayed.

(MOHD YOUSUF WANI)
JUDGE
SRINAGAR:

16.01.2025
“Ishaq”