Serial No. 7 Regular cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA No. 14/2025 in FAO (WC) No. 3/2024 M/s Wise Electric Works ….. Appellant/petitioner(s) Through: - Mr. Aijaz Chesti, Advocate V/s Feroz Ali Mir and Ors. ….. Respondent(s) Through: - CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE PUNEET GUPTA, JUDGE (ORDER) 03.02.2025 Impugned in this Intra Court Appeal before us is an interim order dated 09.12.2024, whereby a notice has been issued to the respondent No. 4 (appellant herein) in CM No. 2791/2024 and FAO(WC) No. 03/2024. It is submitted by Mr. Aijaz Ahmad Chesti, learned counsel appearing for the appellant (respondent No. 4 before the learned Single Judge) that a belated appeal accompanied by an application for condonation of delay, i.e., CM No. 2791/2024, came to be filed by respondent No. 1, before the learned Single Judge, which was dismissed for non-prosecution vide order dated 12.07.2024. The respondent No. 1, filed an application for restoration of his application for condonation of delay i.e., CM No. 2791/2024. Vide order dated 25.10.2024, read with order dated 11.11.2024, CM No. 2791/2024, seeking condonation of delay in filing FAO was allowed. This is how the application Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document for condonation of delay, i.e., CM No. 2791/2024, came up for consideration before the learned Single Judge. Vide order impugned, the learned Single Judge has issued notice to the respondent No. 4. This appeal has been preferred by the appellant (respondent No. 4 before the learned Single Judge) on the apprehension that the learned Single Judge has while issuing notice in CM No. 2791/2024, has also issued notice in FAO (WC) No. 03/2024, which is yet to come on record. Having heard learned counsel for the appellant and perused the material on record, we are of the considered opinion that the apprehension of learned counsel for the appellant is misplaced. From perusal of order dated 9th October, 2024, it clearly transpires that the notice has only been issued in the application for condonation of delay, i.e., CM No. 2791/2024 and the appellant is well within its right to appear and oppose the application for condonation of delay. FAO(WC) No. 03/2024 is yet to come on record and same will depend upon the orders that may be passed in the application for condonation of delay. With the aforesaid clarification, the instant appeal is disposed of. (PUNEET GUPTA) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 03.02.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document