Extracted from the PDF above. The PDF is authoritative.
S. No. 7 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CM No. 7237/2024 In CM(M) No. 437/2024
Laila Qureshi and Ors. …Appellant/Petitioner(s) Through: Mr. Numan Zargar, Advocate Vs. Sahila Fareed Khan ...Respondent(s) Through: Mr. Zahid Hussain, Advocate
CORAM:
HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R 03.03.2025
1. This petition filed by petitioners under Article 227 of the Constitution of India is seeking dismissal of suit titled “Ms. Saliha Fareed Khan v. Ms. Laila Qureshi and Ors.”, filed by respondent pending before the Court of 1st Additional Sessions Judge, Srinagar.
2. The main ground for dismissal of suit is that there is an Arbitration Clause between the parties regarding the subject matter of the suit and petitioner have filed an application under Section 8 of Arbitration and Conciliation Act, 1995, before the Trial Court, but the Trial Court has not decided their application, therefore, they have approached this Court by way of instant petition.
3. It is submitted by learned counsel for the respondents that the petitioners after filing the application under Section 8 of Arbitration and Conciliation Act, without contesting the same, have approached this Court by way of instant petition, therefore, this petition is not maintainable, however, he has no objection if this petition is disposed of by directing the Trial Court to decide the application.
4. Having regard to the submission made by learned counsel for the respondents, this petition is disposed of with a direction to the Trial Court to decide the application filed by petitioners/defendants under Section 8 of Arbitration and Conciliation Act, strictly in accordance with law.
5.
Disposed of.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR 03.03.2025 Manzoor
Manzoor Ul Hassan Dar I attest to the accuracy and authenticity of this document Srinagar 06.03.2025 16:34