Jammu & Kashmir High Court – Srinagar Bench
M/S Mir Agro Industries vs M/S Chinar Engineering Projects on 17 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 115
Supp. 1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(M) No. 295/2026
CM No. (4425/2026)
M/s Mir Agro Industries
...Applicant(s)/Petitioner(s)
Through: Mr. Z. A. Qureshi, Sr. Advocate with
Mr. Muazzam Nasir, Advocate and
Mr. Mian Muzaffar, Advocate
VERSUS
M/s Chinar Engineering Projects
...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
17.07.2026
1. The petitioner as a sole defendant in a civil suit
filed by the respondent is aggrieved of the manner
in which the Court of the Additional District
Judge, Srinagar, which is also a Commercial
Court, Srinagar, has come to exercise its
jurisdiction leaving the petitioner aggrieved.
2. The respondent addressed his civil suit to the
Court of the Principal District Judge, Srinagar.
3. The cause title of said suit is “Suit for recovery of
Rs. 98,10,000/- along with interest, damages,
declaration, permanent prohibitory injunction and
mandatory injunction, and also to direct the
defendant to pay the compensation to the tune of
Rs. 50,00,000/- to the plaintiff, in total the
defendant has to pay an amount of Rs.
1,48,10,000/-“.
4. In the entire plaint, the respondent does not refer
his suit claim to be born out of a commercial
transaction so as to render the suit as a suit of
commercial nature.
5. Although, entire purported course of transaction
obtaining between the petitioner and the
respondent is nothing else but a commercial
transaction rendering the suit of the respondent
by its inherent nature a commercial suit but still
presented before the Principal District Judge,
Srinagar on the side of its ordinary original civil
jurisdiction in terms of Civil Courts Act, Svt. 1977
read with the Code of Civil Procedure, 1908.
6. Said suit upon institution before the learned
Principal District Judge, Srinagar in terms of
section 29 of the Civil Courts Act, Svt. 1977 came
to be assigned to the Additional District Judge,
Srinagar which incidentally by its own authority is
constituted as a Commercial Court, Srinagar.
7. If the institution of the civil suit on account of
being a commercial suit was to take place, then
the original institution would have taken before
the Additional District Judge, Srinagar as being a
Commercial Court, Srinagar, whereas the
institution took place before the Court of the
Principal District Judge, Srinagar. Thus, the suit
was presented as an ordinary civil suit falling
within the pecuniary jurisdiction of the Court of
the Principal District Judge, Srinagar wherefrom it
came to be so transferred to the Court of the
Additional District Judge, Srinagar.
8. The petitioner, upon appearance in the civil suit,
came forward with two applications both referable
to Order 7 of the Code of Civil Procedure, 1908.
9. In one application, the petitioner came to invoke
Order 7 Rule 10 of the Code of Civil Procedure,
1908 and, in another application, the petitioner
came to invoke Order 7 Rule 11 of the Code of Civil
Procedure, 1908.
10. The Court of the Additional District Judge,
Srinagar, designated as the Commercial Court,
Srinagar, has come to decline both applications of
the petitioner by virtue of an order dated
07.07.2026.
11. In fact, the Court of the Additional District
Judge, Srinagar besides dealing with the two
applications of the petitioner also dealt with one
application under section 151 of the Code of Civil
Procedure, 1908 filed by the respondent.
12. The Court of learned Additional District Judge,
Srinagar designated Commercial Court, Srinagar
came to deal with the petitioner’s application
under Order 7 Rule 11(d) of the Code of Civil
Procedure, 1908 from para 9 to 21 of the order
impugned. The learned Court below has come to
hold that the plaint is not liable to suffer rejection
and, therefore, application under Order 7 Rule
11(d) of the Code of Civil Procedure, 1908 is
misconceived and thus dismissed it.
13. The petitioner’s application under Order 7 Rule
10 read with section 151 of the Code of Civil
Procedure, 1908 for seeking return of the plaint
came to be dealt with from para 22 to 27 of the
order impugned reaching to a conclusion that even
this application of the petitioner is misconceived
and accordingly dismissed the same.
14. Coming to the respondent’s application under
section 151 of the Code of Civil Procedure, 1908,
the Court below came to deal with the same in
para 28 to 30 of the order impugned by directing
Tehsildar, Shahoora Litter, Lassipora to supervise
the suit property on a regular basis till further
orders from said Court with a further direction
unto Tehsildar concerned to ensure “no
construction activity, structural modification,
movement of machinery, installation of equipment
or alteration affecting the character of the property
is undertaken during the subsistence of the suit
proceedings. For effective compliance, the
Tehsildar authorized to undertake periodic
inspections and capture geo-tagged photographs of
the site on each day clearly depicting the date,
time and geographical coordinates so that any
variation in the physical status of the property
may be objectively verified”.
15. In fact, read between the lines, Tehsildar
concerned has been made a watchdog by the
Court below upon the petitioner with respect to
the subject matter of the suit.
16. The petitioner has rushed to this Court invoking
supervisory jurisdiction of this Court under article
227 of the Constitution of India. Revisional
jurisdiction under section 115 of the Code of Civil
Procedure, 1908 is also equally available at the
disposal of the petitioner to the extent rejection of
its application under Order 7 Rule 11(d) of the
Code of Civil Procedure, 1908 is concerned.
17. This Court finds a prima facie case to entertain
the present petition both for the purpose of
exercising supervisory jurisdiction under article
227 of the Constitution of India and also revisional
jurisdiction under section 115 of the Code of Civil
Procedure, 1908 to examine the legality and
legitimacy of exercise of jurisdiction by the Court
below be it acting as an ordinary Civil Court
dealing with the civil suit or as a Commercial
Court.
18. Issue notice to the respondent.
19. The petitioner to furnish registered postal cover
within a period of seven days whereupon notice to
go to the respondent.
20. Notice in CM No. 4425/2026 also.
21. In the meantime, further proceedings in the civil
suit shall come to stay along with stay of operation
of the impugned order dated 07.07.2026.
22. Send for the scanned record of the civil suit No.
1035/2026 titled “M/s Chinar Engineering
Projects vs. M/s Mir Agro Industries” from the
Court of Additional District Judge, Srinagar.
23. List on 11.08.2026.
(RAHUL BHARTI)
JUDGE
SRINAGAR
17.07.2026
Akhil Dev
