Srinagar, Sept. 5, KDC: Taking note of the ongoing fruit season, the High Court of Jammu and Kashmir and Ladakh has directed a trial court in Sopore to fast track proceedings concerning an interim injunction in a dispute over the affairs of the Kashmir Valley Fruit Growers and Dealers Association, with the matter to be considered preferably within two weeks.
Disposing of a petition, Justice M. A. Chowdhary directed the Court of Civil Judge (Junior Division), Sopore, to examine the issue of interim injunction in light of the objections already filed by the petitioners, including their challenge to the jurisdiction of the civil court.
The petition was filed by eight office bearers of the association, including President Fayaz Ahmad Malik, Vice President Manzoor Ahmad Bhat and General Secretary Zahoor Ahmad Tantray. The respondents are Mohammad Lateef Ganie, proprietor of M/S Shan Apple, and Mohammad Akbar Dar, proprietor of M/S Greenland, both associated with the Sopore Fruit Mandi.
The dispute arose from a civil suit concerning the affairs of the Sopore Fruit Mandi in which the respondents sought declaration, mandatory and permanent injunction and rendition of accounts. The petitioners had contended that the civil court’s jurisdiction was barred under the Jammu and Kashmir Self Reliant Cooperative Societies Act, 1999, the Jammu and Kashmir Cooperative Societies Act, 1989 and the Arbitration Act.
The trial court had on May 13, 2026, passed an ex parte order directing the parties to maintain status quo concerning the affairs, records and assets of the Fruit Dealers Association. On June 11, the court clarified that the direction was intended to preserve the existing state of affairs and ensure that the affairs, records and assets of the association were not altered during the pendency of the suit.
During the High Court proceedings, counsel for the petitioners maintained that the civil court had no jurisdiction. The High Court noted, however, that despite being repeatedly asked to identify the specific provision under which the suit was not maintainable, counsel could not substantiate the objection at that stage. The court also noted that the petitioners had already filed their written statement and preliminary objections before the trial court.
The High Court consequently directed the trial court to examine the issue of jurisdiction along with the petitioners’ other objections while considering the interim injunction.
“The controversy involved is relating to the affairs of the Fruit Dealers Association, which is presently very important due to the ongoing fruit season,” Justice Chowdhary observed. The trial court was asked to take up the matter on an early hearing application by the petitioners and decide the issue of interim injunction expeditiously, preferably within two weeks from the date it receives the High Court order.
The order comes amid growing differences within the Sopore fruit trade. In April this year, a new body, the Kashmir Fruit Traders Association, was formed at the Sopore Fruit Mandi, with Zahoor Ahmad Bhat elected as its president. The move was presented as an effort to provide a unified and more transparent platform for traders and address longstanding issues concerning the mandi.
The competing organisational claims became more pronounced in August, when a dispute emerged between the existing association led by Fayaz Ahmad Malik and the newly formed body headed by Zahoor Ahmad Bhat. Malik alleged that a general council meeting of the association had been disrupted and sought action against those he said were attempting to interfere with the functioning of the mandi. Bhat, while rejecting any personal dispute, called for accountability and fair functioning of the mandi body.
Another controversy surfaced in August over a 73 name list concerning Shed No. 16 at the mandi. The newly formed traders’ body questioned the authenticity and authorisation of the list, while the Area Marketing Officer described it as a temporary arrangement and rejected the allegations.
The developments followed earlier concerns over the functioning of the mandi. In May, the Directorate of Horticulture Planning and Marketing ordered an inquiry after complaints from growers alleging unauthorised deductions and unjustified commissions by certain traders and commission agents. The department directed that transparent trade practices be maintained and sought an action taken report.
The Sopore mandi has also remained central to wider concerns surrounding Kashmir’s horticulture economy. Fayaz Ahmad Malik has in recent months raised demands relating to crop insurance, government intervention following hailstorm damage and smoother transportation of fruit to markets outside the Valley. The ongoing season has again brought the mandi’s functioning into sharp focus as growers and traders depend on uninterrupted trading and movement of perishable produce.
The High Court, however, has not decided the competing claims over the association or determined the final jurisdiction of the civil court. Its latest order requires the trial court to consider the jurisdiction objection and the interim injunction in accordance with the pleadings already before it, while giving the matter priority because of the ongoing fruit season.
A connected application was also allowed by the High Court, with the court taking on record documents including the certificate of registration pertaining to the Kashmir Fruit Growers and Dealers Association, Sopore. (KDC)
