Through: –
Mr. Showkat Ali Khan, Advocate
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
05.08.2025
01. Heard learned counsel for the caveator. Caveat stands discharged.
CM(M) No. 306/2025
01. By this petition, the petitioners have challenged the order dated
24.07.2025, hereinafter for short as “impugned order”, passed by the learned
Principal District Judge, Pulwama for short “the trial Court” in an
application filed in terms of Section 9 of the Arbitration and Conciliation
Act, 1996 in case titled Fayaz Ahmad Bhat Vs. Ashiq Hussain Bhat and
Ors., primarily on the ground that the impugned order is without jurisdiction
having been passed by incompetent Court beyond the purview of
Commercial Courts Act; having been passed in disregard to Section 148-A
of the Code of Civil Procedure, as the petitioners were not put to notice
before passing of the impugned order; the impugned order has been passed
in exparte although the petitioners were on caveat which fact stands
recorded in the application filed under Section 9.