Court grants relief to KP Migrant release account of Relief Commissoner
JKUT (Jammu), September-22-2021-( JNF):- Presiding Officer Commercial Court grants relief to Kashmir Pandit Migrant by releasing the account of Releif Commissioner.
This signficiant order has been passed in an application for modification of order dated 26.08.2021 and for detachment of Major Head 2055, Sub Head 0872 and 1057 of Addl. Treasury Talab Tillo, Muthi, Jammu.
Presiding officer Commerical Court observed that this common order shall dispose of the two applications one filed by the judgment debtors through their counsel and the other filed by the Kashmiri Migrants Community for modification of order dated 26.08.2021 wherein the Major Head 2055, Sub Head 0872 and 1057 of Judgment Debtors. Relief Commissioner. Jammu was attached. It is averred in both the applications that approximately 25,000 Kashmiri Migrant Families are getting cash assistance and other reliefs from the Office of the Judgment Debtors and the same is disbursed from the Major Head 2055, Sub Head 0872 and 1057. The Kashmiri Migrant Families are solely dependent on the cash assistance and by attaching the head, the migrant families are at risk of starvation. The attachment of the heads lead to chaos and confusion among the large number of the migrant families living in camps. The award dated 05.08.2014 has already been challenged before the proper forum under Section 34 of the Arbitration and Conciliation Act 1997. In the premises, it is therefore prayed that the order may kindly be modified/vacated. From the perusal of the file record, it reveals that the instant execution petition is pending disposal before this court for the last more than three years and till date the judgment debtors on one pretext or the other only gained time and failed to pay the decreetal amount to the decree holder. On failure of the judgment debtors to pay the decreetal amount to the decree holder. this court was left with no other option except to attach the Major Head 2055, Sub Head 0872 and 1057 of the Relief Commissioner (M) Jammu. In the application for modification of the instant order of attachment, it is averred that from the Major Head 2055, Sub Head 0872 and 1057, the substance. allowances and reliefs are being disbursed by the Relief Commissioner
Court observed that Objections from the other side are on the file record. The decree. holder/non-applicant has resisted both the motions and submitted that the decree holder is facing acute financial crises due to the non-payments of the decreetal amount by the judgment debtors. Before this, the court of Principal District Judge Jammu vide order dated 20.03.2020 directed the Incharge Jammu & Kashmir Bank Ltd.. Branch Tirath Nagar Jammu for depositing the decreetal amount in the Court but the Bank failed to deposit the decreetal amount in the court because of the paucity of the funds in the Bank Account of Relief Commissioner (M) Jammu. It is prayed that the applications may be dismissed with costs.
Court observed that after the perusal of the file record, it reveals that the instant execution petition is pending disposal before this court for the last more than three years and till date the judgment debtors on one pretext or the other only gained time and failed to pay the decreetal amount to the decree holder. On failure of the judgment debtors to pay the decreetal amount to the decree holder. this court was left with no other option except to attach the Major Head 2055, Sub Head 0872 and 1057 of the Relief Commissioner (M) Jammu. In the application for modification of the instant order of attachment, it is averred that from the Major Head 2055, Sub Head 0872 and 1057, the substance. allowances and reliefs are being disbursed by the Relief Commissioner Jammu to the Kashmiri Migrants Families. It is submitted on behalf of the Kashmiri Migrant Families that they are living in the camps and are solely dependent on the monthly cash assistance provided by the Relief Commissioner (M) Jammu and by attaching the Major Head 2055, Sub Head 0872 and 1057 they are suffering from starvation.
During the course of hearing counsel for the decree holder has submitted at the Bar that he is aware of the sufferings of the Kashmir Migrant Families and he favors such order which may satisfy the grievances of the migrant families. It is further submitted that the awarded amount which till date has remained unsatisfied, necessary direction/order may be passed in favor of the decree holder who is running from pillar to post to enjoy the fruits of the amount under award passed by the sole Arbitrator.
Court after hearing both the sides observed that at this stage, the judgment debtor No.2, Relief and Rehabilitation Commissioner (M) Jammu has submitted an Undertaking to the effect that an amount to the tune of Rs.1.00 Crore will be maintained/kept intact in the detailed head 001 (Salary Head) till the final outcome of the court proceedings pending adjudication before the court of law. Accordingly having regard to the Undertaking submitted by the judgment debtor No.2 and in view of the sufferings of the Kashmiri Migrant Families, the order dated 26.08.2021 is modified to the extent that Major Head 2055. Sub Head 0872 and 1057 are detached and instead the Treasury Officer, Tirath Nagar, Talab Tillo Muthi, Jammu shall deduct the decreetal amount to the tune of Rs.89,10,613/- from the detailed head 001 (Salary Head) of judgment debtor No.2 and keep intact/reserve the same subject to further order. The applications are accordingly disposed of and shall form part of the main execution petition. JNF