Sharma Lime Kiln and Ors v. U.O.I. and Ors

ORDER (22.04.2026)

¶01This Court came to dispose of a writ petition-OWP No. 812/2005 preferred by fourteen (14) writ-petitioners in terms of judgment dated 03.02.2025.

¶02The counsel representing the petitioners in the said case were Mr. Paras Gupta & Ms. Shivani Jalali who had solicited Senior Advocates Mr. Sunil Sethi and Mr. U. K. Jalali to argue for the petitioners.

¶03Later on, by virtue of an order dated 07.05.2025, this Court came to allow a clarification with respect to para 29 of the Serial No. 78 Supplementary List-I

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judgment dated 03.02.2025 and, thus, directed order dated

07.05.2025 to be read as part and parcel of judgment dated

03.02.2025.

¶04Post passing of judgment dated 03.02.2025 read with order dated 07.05.2025, an application-CM No. 3432/2025 came to be preferred purportedly by the petitioners acting through Mr. Paras Gupta, Advocate.

¶05The application-CM No. 3432/2025 is supported by affidavit of Mr. Nana Ji Durani who, in his supporting affidavit, states that he is authorized to sign on behalf of all the petitioners' firm in above titled matter.

¶06In the application-CM No. 3432/2025, a prayer is made that para 29 be re-written as under which this Court is reproducing:-

"29. Thus the respondent No. 2 – BCCL in particular is directed to pay interest in favour of the petitioners @ 12% per annum on the amount of Rs. 2,29,59,220/- as being the amount which was deposited by the petitioners and illegally withheld by the respondents, from the day the amount was deposited by the petitioners with the respondents to the date of final realization of Principal and Interest.

The amount if any deposited by the respondents BCCL, be deducted from the interest and balance amount of Principal along with the Interest be paid by respondent No. 2 – BCCL within a period of one month from the date a certified copy of this judgment is served upon the respondent No. 2 – BCCL by the petitioners."

In

¶07With the passing of judgment dated 03.02.2025 read with order dated 07.05.2025, this Court had given final verdict to the writ petition-OWP No. 812/2005 but, nevertheless, through the medium of application-CM No. 3432/2025 only seven petitioners out of array of fourteen petitioners have come forward for seeking clarification as referred to hereinabove. The seven petitioners, who are purported applicants, are 8 to 14 who solicited the clarification.

¶08Now, application-CM No. 484/2026 has been preferred for seeking disposal of application-CM No. 3432/2025. This application has been filed by Mr. Nana Ji Durani without involvement of Advocate Mr. Paras Gupta.

¶09Before this Court proceeds to consider the application, let physical file of writ petition-OWP No. 812/2005 be tagged with the present application.

¶10List this application on 29.04.2026.

(RAHUL BHARTI) JUDGE JAMMU

22.04.2026

Bunty

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU In Sharma Lime Kiln & Ors. …..Applicants/Petitioners Through: Applicant-Nana Ji Durani is present in person. Vs Union of India & Ors. .….Non-applicants/Respondents Through: CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE