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| DB directs Custodian EP to pay money within two days | | |
JAMMU, JUNE 04- Division Bench of Jammu and Kashmir High Court Jammu wing comprising Justice Virender Singh and Justice YP Nargotra today in the late hours directed Custodian EP Jammu that he shall pay back the amount deposited in its account (more than Rs.42 lakhs) of Agriculture Department pursuant to its order dated March 30, 2007 along with interest accrued there on to account head of Agriculture Department within a period of two days from today. The payment deposited in the account of agriculture department through Joint Director shall remain subject to the outcome of writ petition. The warrants of arrest issued against the custodian in connection with the recovery of said amount shall be returned without being executed to the tribunal by the concerned.
This order has been passed in a LPA filed by the Custodian Evacuee Property Abdul Majid Wani who by his order March 30, 2007 directed attachment of operation of funds of Agriculture department to J&K bank Talab Tillo. The Branch Manger was directed that amount deposited in the account shall be credited to the account of EP Jammu. As a result of order of the manager of the concerned bank an amount of Rs 42, 28, 649/- from the account of agriculture dept to the account of Custodian Evacuee Property. Aggrieved by the transfer of money, agriculture dept filed a revision before the J&K Special Tribunal Jammu. The Special Tribunal on May 3, 2007 allowed the revision petition and quashed the order of the custodian EP and directed him to immediately transfer back the money to the account of agriculture dept with a permissible rate of interest.
DB after hearing Sr. Adv DC Raina with Adv FA Natnoo for the appellant and AAG BS Salathia appearing for the respondent and with the consent of parties, disposed off this appeal by directing appellant to pay back the amount deposited in its account within two days and the warrants issued by the Special Tribunal for recovery of the amount shall be returned without being executed
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