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2025 DAILYLAW 11480 (JK)

M/S ROHAN CONSTRUCTIONS AND COMPANY v. M/S NEW BANGUS IRON AND ALUMINIUM WORKS AND ORS.

CM(M)/553/2025 · 2025-12-16

Sanjay Dhar

body2025

Judgment text

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81 Supplementary IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 553/2025 CM(8399/2025) Caveat 2639/2025 M/S ROHAN CONSTRUCTIONS AND COMPANY ….. Petitioner (s) Through: Mr. Sheikh Manzoor, Advocate. V/s M/S NEW BANGUS IRON AND ALUMINIUM WORKS AND ORS. ….. Respondent(s) Through: Mr. I Sofi, Advocate. Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 16.12.2025 1. The petitioner has invoked Supervisory jurisdiction of this Court under Article 226 of the Constitution of India for challenging order dated 30.09.2025 passed by the Additional District Judge, Handwara. 2. The impugned order has been passed by the learned trial court in exercise of its powers under Order 39 Rule 1 and 2 of Code of Civil Procedure which is appealable in nature. Even otherwise the impugned order has been passed by the learned trial court in exparte and is subject to objection of other side. The petitioner, instead of filing objections to the application for grant of interim injunction filed by the respondents, has rushed to this Court and invoked its supervisory jurisdiction. P a g e | 2 CRM (M) No. 752/2024 CrlM No. 1731/2024 3. It is a settled law that in a case where a litigant has an alternate and efficacious remedy is available to him, the High Court rarely entertains a petition under Article 227 of the Constitution of India. 4. In view of the above, this Court refuses to entertain the present petition leaving it open to the petitioner to approach the trial court and file objections to the application under Order 39 Rule 1 and 2 of Code of Civil Procedure. In such an eventuality, the learned trial court shall decide the application of the plaintiffs under Order 39 Rule 1 and 2 of Code of Civil Procedure strictly adhering to the timeline provided under Order 39 Rule 3A of Code of Civil Procedure. 5. Disposed of as above (Sanjay Dhar) Judge SRINAGAR 16.12.2025 Aasif