Srinagar: The Jammu and Kashmir has transferred Mughal Road arbitration case from Shopian to Srinagar after Hindustan Construction Company Ltd contended that frequent shutdowns, strikes, unrest, and security operations in the south Kashmir district was delaying the trial of the case.
On 23 March this year, the High Court had directed the trial court to decide the matter within 3 months. However, the HCCL said: “till date nothing substantial has been done and the unpredictable situation at Shopian is likely to delay the proceedings further.”
The HCCL said that its advocates as well as state government are from Srinagar and due to frequent shutdowns, strikes, unrest and the security operations, it was difficult for them to travel to Shopian from Srinagar.
The state government opposed the HCCL’s petition on technical grounds, arguing that the High Court had no jurisdiction to transfer the matter.
A bench of Justice Sanjay Kumar Gupta however declined the state’s contention by referring to Section 24 of CPC, underling that High Court has power to withdraw any case from subordinate courts and transfer it to any other court of competent jurisdiction for convenience of parties, on apprehension of bias, to avoid conflicting decision and for the interest of justice.
“It is fact that situation at District Shopian is hostile for both the parties and both parties have offices at Srinagar also. So both parties can prosecute the case diligently,” the court said and withdrew the case from Principal District and Sessions Judge, Shopian and transferred it to Srinagar.
“The Court of Principal District Judge, Srinagar, may try it himself or may transfer the same to another court of competent jurisdiction,” the court added.
In March this year, the High Court had quashed an order of trial court awarding Rs 78, 92, 73, 307 to Hindustan Construction Company Ltd (HCCL) on account of Mughal road construction. Then HCCL was represented by Senior Advocate and PDP MP Muzaffar Hussain Beigh.
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