M/S WANI INFRATECH PRIVATE LIMITED v. UNION OF INDIA AND ANR. (HOME AFFAIRS)
Arb App/15/2025 · 2026-01-30
Sanjeev Kumar, Sindhu Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 327 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 327 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CM No. 9055/2025 in Arb App No. 15/2025
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through virtual mode)
CM No. 9055/2025 in Arb App No. 15/2025
Date of Pronouncement: 30.01.2026. Uploaded on: 31.01.2026
M/S Wani Infratech Pvt. Ltd. .....Applicant(s)/Petitioner(s)
Through :- Mr. Shuja Ul Haq, Advocate
v/s Union of India and another .....Respondent(s)
Through :- Ms. Bisma Ali, Advocate and Ms. Yasmeen Jan, Advocate vice Mr. T.M Shamshi, DSGI
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MS. JUSTICE SINDHU SHARMA, JUDGE
ORDER 30.01.2026
Sanjeev Kumar-J
1. Impugned in this appeal, filed in terms under Section 37(1)(b) of the Arbitration and Conciliation Act, 1996, [“the Act”] is an order dated 07.10.2025 passed by the Court of learned Additional District and Sessions Judge, Srinagar[“Commercial Court”] in Arb. Case No. 33/2025 titled M/s Wani Infratech Pvt. Ltd. Vs. Union of India and another, whereby the application filed by the appellant under Section 9 of the Act for grant of interim relief has been rejected.
2. Learned counsel appearing for the appellant, at the outset, submits that he would not be pressing any interim relief as was prayed by the appellant
Sr. No. 02
CM No. 9055/2025 in Arb App No. 15/2025
before the Commercial Court but would challenge the impugned order only to the extent, that the Commercial Court has made certain observations which are likely to prejudice the appellant in the arbitration proceedings before the DRB/Arbitrator.
3. Having heard learned counsel for the parties and perused the material on record, I am of the considered opinion that the prayer of the learned counsel deserves to be allowed. It is clarified that the observations made by the Commercial Court in the impugned order shall be taken to have been made for the purpose of disposal of petition under Section 9 of the Act and shall not be taken as an expression of opinion of the Court on the merits of the controversy.
4. Disposed of.
(Sindhu Sharma) (Sanjeev Kumar)
Judge Judge JAMMU 30.01.2026 Rahul Sharma