MUSHTAQ AHMAD TANKI Vs. MOHAMMAD AZAM TANKI

JUDGEMENT

(1.) In the instant application, applicants have made the following prayer: "Banks be directed to allow the petitioner no. 1 to withdraw an amount of Rs. 1.00 Crore from the aforesaid bank accounts so that he is in a position to marry his daughter which is scheduled to take place on 24th, 25th and 26th June, 2019.

(2.) In the application, precisely, it has been contended that:

(3.) In the objections filed to the instant application by respondent No. 1 and 2, it is being contended that the applicant No. 1 is having business centers at Srinagar and Delhi which are being exclusively run, operated and maintained by him in his personal accounts and in the personal account of his son, as such, is misleading the Court that he requires money for any purpose, much less for the purpose as mentioned in the instant application. The amounts shown by the applicant to be lying in J&K Bank Ltd. Branch Fort, Mumbai, Maharashtra is not net profit or the share of the applicant but is the total income to be paid to the various claimants/suppliers for the goods supplied to the firm and also to be paid to the employees as salary and other dues of the office which is more than Rs. 31/lakhs, as such, the claim of the applicant is misleading and untenable and, therefore, the application deserves rejection. It is also contended that the applicants are having further income from the sale centers of various goods being run by him at Srinagar of which he has not made any mention and he is earning huge amounts in lakhs from the sales at Centre, therefore, has suppressed true and correct facts. The applicants are also running the hotel of more than 22 rooms at Pahalgam and the income of the said hotel is being exclusively retained by the applicants of which he has also not made any reference deliberately to mislead the Court aimed to deny the legitimate amount of sales and incomes from the said two centers in order to obtain order without any justification.