Kashmir Chamber Of Commerce And Others vs Zubair Mahajan And Others

Ali Mohammad Magrey, J

After hearing learned counsel for the parties on 15.09.2020 and reserving the orders of the Court, this Court while considering the case, bona fide perceived that the parties to the appeal were genuinely interested in conducting the election to the 21-Member Executive Committee of the Kashmir Chamber of Commerce and Industries (KCCI). Keeping in view the prestigious nature of the organization and the stature, honour and reputation of most of its members in the society, this Court thought that it would be appropriate and in the interest of the Chamber to propose a via media to the parties to the appeal for the conduct of the election and to bring this litigation to a amicable resolution. Accordingly, this Court passed order dated 18.09.2020 which was followed by orders dated 22.09.2020. Initially this Court got the impression that the parties have responded positively, but then whereas the respondent-plaintiffs appeared to be prepared to go by the efforts put in by the Court in this regard, the appellant-defendants seemed to demonstrate a dithering attitude. I think it would be distasteful to narrate herein all that what happened and transpired during this period. It would suffice to say that the efforts put in by the Court in this regard have failed. That is it.

In light of the above, since the matter stands already heard and the judgment has been reserved, the Court would, accordingly, proceed to decide the appeal.

Meanwhile, till the judgment is announced, the order dated 02.09.2020 passed by the 4th Additional District Judge, Srinagar, impugned in the appeal, shall continue to hold the field and be operative.

It may be mentioned here that by order dated 22.09.2020 passed in CR no.16/2020, CM no.3902/2020 this Court has ordered that the revision petition be listed with this appeal on 28.10.2020. In view of the changed circumstances, this appeal need not be listed on 28.10.2020. Consequently, the revision petition cannot be listed with this appeal. The Registry is, therefore, directed to list that revision petition separately on 28.10.2020.

The date for listing of this appeal for pronouncement of the judgment shall be communicated separately as and when the judgment is ready.

Registry to communicate this order to the learned counsel for the parties and to the Deputy Commissioner, Srinagar, for their information.