Jammu and Kashmir High Court

CM(M)/21/2023 of SADA BAHAR SOLAR TECHNOLOGY THROUGH PARVAIZ AHMAD KHAN Vs M/S EASY SOLAR SOLUTION PRIVATE LIMITED THROUGH ITS MANAGER YOUGEL KISHORE SHAKULA on 28 November 2025

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Regular list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Through virtual mode CM(M) 21/2023 CM(566/2023) c/w i)RFA 43/2019 SADA BAHAR SOLAR TECHNOLOGY THROUGH PARVAIZ AHMAD KHAN Appellant(s)/Petitioner(s) Through: Mr. Q. R. Shamas, Advocate vice Mr. G. A . Lone, Advocate. Vs. M/S

S. No.38

Regular list

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Through virtual mode

CM(M) 21/2023 CM(566/2023)

c/w

i)RFA 43/2019

SADA BAHAR SOLAR TECHNOLOGY THROUGH

PARVAIZ AHMAD KHAN

Appellant(s)/Petitioner(s)

Through: Mr. Q. R. Shamas, Advocate vice Mr. G. A. Lone, Advocate.

Vs.

M/S EASY SOLAR SOLUTION PRIVATE LIMITED

THROUGH ITS MANAGER YOUGEL KISHORE

SHAKULA

...Respondent(s)

Through: Mr. Mohsin Qadri, Sr. Advocate with Mr. Parvaiz Ahmad, Advocate.

CORAM:HON’BLE MR. JUSTICE MA CHOWDHARY, JUDGE

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ORDER

28.11.2025

CM(M) No. 21/2023

1. Petitioner through the medium of this petition under Article 227, invoking the supervisory jurisdiction of this court, has challenged the orders dated 16.12.2022 and 08.02.2023 passed by the trial court in an execution petition File No. 01/2021, whereby non-bailable warrants were issued against the judgment debtor i.e., the petitioner.

2. Mr. Mohsin Qadri, learned Senior counsel appears on behalf of the respondent and submits that he has instructions to state that the respondent has no objections to the petition being allowed, subject to the condition that petitioner appears before the executing court during the proceedings of the execution petition.

3. In view of the submissions made by the learned counsel for the respondents, the petition is allowed and the impugned orders dated

16.12.2022 and 08.02.2023, are set aside, with a direction to the petitioner to appear before the executing court during the proceedings of the execution petition.

4. CM(M) No. 21/2023, is thus disposed of, as allowed. RFA 43/2019 List on 27.02.2026.

;

(MA CHOWDHARY)

JUDGE

SRINAGAR 28.11.2025 “Hilal”

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