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2025 DAILYLAW 11425 (JK)

TAHIRA GUL AND ORS. v. MUFTI HAMID MAQBOOL

FAO(D)/9/2025 · 2025-11-21

Sanjeev Kumar, Sindhu Sharma

body2025

Judgment text

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Serial No. 1 Suppl. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR FAO(D) 9/2025 CM (7675/2025) Caveat 2938/2025 Tahira Gul and Ors …Petitioner(s)/Appellant(s). Through: Mr. Syed Faisal Qadri, Sr. Advocate with Mr. Sikander Hayat Khan, Advocate. Vs. Mufti Hamid Maqbool ...Respondent(s). Through: Mr. Jehangir Iqbal Ganie, Sr. Advocate with Mr. Suhail Mehraj, Advocate. Mr. Sajad Mir, Advocate for the caveator. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE ORDER 21.11.2025 1. Impugned in this appeal filed by the appellants under Section 37 of the Arbitration and Conciliation Act [“the Act of 1996”], is an order dated 17th November, 2025 passed by the Court of Additional District Judge, Srinagar [Commercial Court] under Section 9 of Act of 1996. 2. Having heard the learned counsel for the parties and with their consensus, the impugned order dated 17th November, 2025 is modified by providing as under: a) The direction No. 1 contained in Para-15 of the impugned order is maintained. b) The direction No. 2 of Para-15 of the impugned order is clarified to the extent that the order of restraint passed by the Commercial Court would only bind the parties in the case and would not bind the Company incorporated by the name of Sadam KIE Pvt. Ltd. c) The direction No. 3 contained in Para 15 of the impugned order which is uncalled for and outside the jurisdiction of the Commercial Court deciding an application under Section 9 of 1996, shall cease to exist. 2. 3. The parties may proceed to appoint an arbitrator and get their disputes settled in accordance with law. 4. Disposed of. 5. (SINDHU SHARMA) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 21.11.2025 “Shahid Manzoor”