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High Court of Jammu and Kashmir · body

2025 DAILYLAW 12045 (JK)

M/S UMA CEMENT INDUSTRIES TH MOHIT KUMAR AGARWAL v. M/S SHRI RAM TRADERS, JAMMU

CM(M)/279/2025 · 2025-10-07

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 279/2025 CM No. 6413/2025 M/s Uma Cement Industries …..Petitioner Through: Mr. Sudesh Sharma, Advocate Vs M/s Shri Ram Traders .….Respondents Through: CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (07.10.2025) 01. Through the medium of the present petition, the petitioner has challenged order dated 31.07.2025 passed by the court of learned Principal District Judge, Udhampur, in his capacity as Commercial Court whereby while deciding the execution petition filed by the petitioner, the award, out of which the execution petition had arisen, has been set aside. An order setting aside an arbitral award is appealable in nature in terms of Section 37 of the Arbitration and Conciliation Act, 1996. Therefore, the present petition under Article 227 of the Constitution of India cannot be entertained. Serial No. 197 2 CM(M) No. 279/2025 02. The petition is, therefore, dismissed, leaving it open to the petitioner to file an appeal against the impugned order passed by the learned Commercial Court, Udhampur, before the Commercial Appellate Division of this Court. (SANJAY DHAR) JUDGE JAMMU 07.10.2025 SUNIL Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No