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2024 DAILYLAW 653 (JK)

M/S AZIZ TEA STALL v. DIRECTOR INDUSTRIES KASHMIR AND ORS. (SICOP)

Arb P/16/2024 · 2026-06-05

body2024

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (THROUGH VIRTUAL MODE) Case: Arb P No. 16/2024 M/S Aziz Tea Stall ..... Petitioner(s)/Appellant (s) Through :- Mr. Asif Ahmad Bhat, Advocate with Ms. Azrah Bhat, Advocate v/s Director Industries Kashmir and Ors. .....Respondent(s) Through :- Mr. Waseem Gul, GA CORAM: HON’BLE THE CHIEF JUSTICE (ACTING) ORDER 05.06.2026 Having heard learned counsel for the parties and perused material on record, it is found that the dispute sought to be raised by the petitioner with the respondent does not arise out of or touches upon the terms and conditions of the agreement entered into between the petitioner and the respondents on 26.08.1983, in respect of lease of plot of land measuring Half Kanal granted in favour of petitioner for establishing of JK Rolling Shutter Industry on the terms and conditions contained in the agreement. Both the counsels are ad idem on this aspect of the matter. In view of the fact that the dispute raised viz-a-viz, running of the Tea Stall with or without the permission of the respondents does not fall within the ambit of Arbitration Agreement dated 26.08.1983, thus, this petition is found not maintainable and the same is, accordingly, dismissed. The petitioner, is however, left free to work out remedy available to it under Civil Law. (SANJEEV KUMAR) CHIEF JUSTICE (A) JAMMU 05.06.2026 Suraj K. Singh Sr. No. 01