Citation : 2026 Latest Caselaw 731 J&K/2
Judgement Date : 16 February, 2026
Serial No.10
REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
FAO 1/2026 CM(484/2026) CM(625/2026)
Caveat 150/2026
Carpet Export Promotion Council ...Appellant(s)
Through: Mr. Hasnain M. Khawaja, Advocate with
Ms. Areeba Ahad, Advocate &
Ms. Saniya Noor, Advocate
Vs.
Ashiq Hussain Sofi and Others ...Respondent(s)
Through: Mr. Aatir Javed Kawoosa, Advocate
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
16.02.2026
CM No. 625/2026:
1. This is an application filed by the applicant/
appellant seeking permission to place on record
certified copies of the documents.
2. The application for the reasons stated therein is
allowed. The documents appended with the
application are taken on record, subject to all just
exception.
3. CM disposed of.
4. The appellant is defendant No. 6 in a civil suit
preferred by the respondent No. 1.
5. The suit is pending before the Court of learned
3rd Additional District Judge, Srinagar.
6. In the said suit, the respondent No. 1 is assailing
his termination from service/employment effected by
virtue of Order No. CEPC/SEC/APPTT/R.O./2022/
dated 5th September, 2022.
7. The termination of the respondent No. 1 has
been purportedly effected on the grounds of
misconduct on the part of the respondent No. 1 in the
course of his employment.
8. The order of termination bears reference to
service rules of the appellant under the shade of which
the employment of the respondent No. 1 with the
appellant was being governed and the termination is
also stated to be an outcome of the said Service Rules.
9. The Court of learned 3rd Additional District
Judge, Srinagar, by virtue of order dated 04.02.2026,
has adjudicated temporary injunction application
preferred by the respondent No. 1 thereby staying the operation of the termination order of the respondent
No. 1.
10. In addition to staying operation of the
termination order, the Court of learned 3rd Additional
District Judge, Srinagar has also granted temporary
injunction in mandatory form by directing the
reinstatement of the respondent No. 1 in the service of
the appellant.
11. The appellant being aggrieved is invoking the
appellate jurisdiction of this Court under Order 43
Rule 1(r) of the Code of Civil Procedure, 1908.
12. The respondent No. 1 is on caveat.
13. Mr. Aatir Kawoosa, learned counsel waives notice
on behalf of the respondent No. 1.
14. Caveat is discharged.
15. Let response to CM No. 484/2026 be filed by or
before the next date of hearing.
16. Registrar Judicial, Srinagar to requisition the
scanned record of the civil suit on File No.
5671/2022 instituted on 08.09.2022 in case titled
"Ashiq Hussain Sofi Vs. Mr. Umar Hameed
Chairman and Ors", from the Court of learned 3rd
Additional District Judge, Srinagar.
17. List again on 27.02.2026, with liberty to make a
mention.
18. In the meantime, till next date of hearing the
contempt proceedings, if any, initiated by the
respondent No. 1 against the appellant or its officials
shall not be proceeded ahead further.
(RAHUL BHARTI) JUDGE
SRINAGAR:
16.02.2026 "Mir Arif"
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