Sr. No. 34 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: LPA No. 153/2025 CM Nos. 4843-4844/2025 Cav No. 1774/2025 1. Nitin Gupta, S/o Lt. Sh. Satish Kumar Gupta R/o C-396, Yojana Vihar, Delhi. 2. Nidhi Gupta, D/o Lt. Sh. Chander Mohan Aggarwal R/o C-396, Yojana Vihar, Delhi. 3. Nittin Maheshwari, S/o Sh. Radhey Shyam Maheshwari R/o Flat No. 201, C-34, Opposite Chander Nagar Club,Surya nagar, Ghaziabad, UP. …Petitioner(s)/Appellant(s) Through: Mr. Ankur Sharma, Advocate. V/s 1. Union of India Through its Secretary Ministry of Corporate Affairs 5th Floor, A-Wing, Shastri Bhawan, NewDelhi-110001 2. Registrar of Companies Jammu and Kashmir Hall No. 405, Bahu Plaza, South Block Rail Head Complex, Jammu. 3. Union Territory of Jammu and Kashmir Through its Principal Secretary Industries and Commerce Department Civil Secretariat, Jammu/ Srinagar. 4. Director, Industries & Commerce Udhyog Bhawan, Rail Head Complex, Jammu. 5. General Manager, Director Industries Centre, Kathua. 6. J&K Small Scale Industries Development Corporation Through its Managing Director 7. Guninder Jeet Singh Wazir S/o S. Sudershan Singh Wazir R/o 18-A, Sector 7, Trikuta Nagar, Jammu. Currently residing at 17 Clapham Place, London, UK …. Respondent(s) -2- Through: Mr. Vishal Sharma, DSGI for respondent nos.1 and 2. Mr. Dewakar Sharma, Dy. AG for respondent nos. 3 to 6. Mr. K S Johal, Sr. Advocate with M/s Supreet Singh Johal & Karman Singh Johal, Advocates for respondent no.7. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 06.08.2025 (ORAL) 01. This an intra court appeal against an interim order dated June 29, 2025 rendered by the Writ Court. 02. Learned counsel for the appellants submits that vide order that is being assailed, the learned Single Judge while issuing notice also directed the Director, Industries & Commerce, General Manager, District Industries Centre, Kathua and J&K Small Scale Industries Development Corporation Limited to immediately attach and seal the industrial premises (plot No. 24). 03. It is submitted that the appellants are arrayed as respondent nos. 8 to 10 in the writ petition and owing to the impugned order, their rights/interests are severely impaired. Accordingly, upon being served, they moved an application before the Writ Court to prepone the hearing in the matter that was posted for September 10, 2025. However, the said application was dismissed, for, respondent no.6/ J&K Small Scale Industries Development Corporation Limited, was yet not served in the proceedings. With reference to the grounds set out in the Memorandum of Appeal, he asserts that in fact the Writ Court lacked the jurisdiction to even entertain the petition preferred by respondent no.7. And, similarly even the observations recorded in Paragraph No. 12 and 13 of the order under challenge are wholly erroneous and contrary to the record. Further, -3- respondent no.7 (Guninder Jeet Singh Wazir) owing to his financial inability to make the requisite investment had resigned from the Company (SHREEKATYANI METAL PRIVATE LIMITED ‘SMPL’) and transferred all his share holdings in favour of Nitin Gupta (appellant No.1). As regards Clause 36 of the Lease Deed, he submits that the appellant remained fully compliant with Clause 5.1.6 of the Jammu and Kashmir Industrial Policy, 2021-2030. 04. To this, Mr. Johal, learned Senior counsel appearing for the caveator /respondent no.7 submits, for, the learned Single Judge is already in seizin of the matter, the appellants are at liberty to raise all possible objections/pleas as regards the entertainability/ maintainability of the petition as also on merits before the Writ Court. Thus, in the given circumstances, it would rather be expedient if the appeal is disposed of with a request to the learned Single Judge to consider and decide the matter at the earliest. Particularly, as the objections on behalf of the appellants to the main petition as also reply to the application for interim relief has also been filed. 05. Mr. Vishal Sharma, learned Deputy Solicitor General of India, appearing for respondent nos. 1 and 2 submits that though considering the matter in issue, respondent nos. 1 and 2 may not be the contesting respondents but, if any formal response is to be submitted, the same shall be filed within two days from today. 06. Similarly, Mr. Deewakar Sharma, learned Deputy Advocate General, appearing for respondent nos. 3 to 6 submits that the objections/ statement of facts shall be filed by or before the adjourned date with an advance copy to the other side. 07. Learned counsel for the appellants is agreeable to the suggestion made by learned Senior counsel for respondent no.7/petitioner. Accordingly, he submits that the date fixed in the matter be preponed. But the matter being time -4- sensitive and to secure the interest of all the stakeholders, the writ Court be directed to dispose of the matter finally within a specified time or at least the pending application as regards the interim relief. 08. Accordingly, for the present, the appeal is disposed of in terms of the position sketched out above as also the statements made by the learned counsel for the respective parties. The hearing in the petition before the Writ Court is preponed from September 10, 2025 to August 08, 2025. Learned Single Judge is requested to take up the matter on adjourned date. We are sanguine that every possible endeavor shall be made to decide the matter finally or at least the pending application for interim relief at the earliest. Further, as agreed between the learned counsel for the parties, to avert any further complication, till the petition or the application for interim relief is finally decided by the Writ Court, no third party rights/interest shall be created. 09. Needless to assert that this order shall not constitute any expression of opinion on the merits of the parties for the learned Single Judge proceed to decide the matter in accordance with law. 10. Disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Jammu 06.08.2025 Sunita/PS SUNITA KOUL 2025.08.07 19:04 I attest to the accuracy and integrity of this document