Ishwar Ghavri v. Kashmir Apple Merchants Association Kama And Others

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13584/2025 & CM APPL. 77969/2025 ISHWAR GHAVRI .....Petitioner Through:

None.

versus KASHMIR APPLE MERCHANTS ASSOCIATION KAMA AND OTHERS .....Respondents Through:

Mrs. Avnish Ahlawat, SC-GNCTD with Mr. Nitesh Kumar Singh, Mr.

Aliza Alam, Mr. Mohnish Sehrawat, Advocates (M:9313964463)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 10.12.2025 CM APPL. 77969/2025 1.

None appears for the petitioner when the matter is called out. 2.

The present application has been filed on behalf of respondent nos. 1 and 2 seeking rejection of the present writ petition. 3.

Learned counsel for the respondent nos. 1 and 2 submits that the membership of the petitioner with the Kashmir Apple Merchants Association ("Association") has already been suspended, which was duly communicated to him. Further, prior to such suspension, two notices dated 20th September, 2024 and 17th October, 2024 were issued to the petitioner, wherein, he was specifically cautioned and instructed not to misuse the auction place for retail trading, as the same is in violation of the Agricultural Procedure Market Committee ("APMC") Rules and contrary to the objectives and functioning of the Association. 4.

It is submitted that despite such notices, the petitioner neither responded nor furnished any clarification regarding his conduct.

Consequently, his membership was finally suspended vide letter dated 23rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

October, 2024.

5.

Thus, it is the case of the respondent nos. 1 and 2 in the present application that since the petitioner is no longer a member of the Association, he has no right, whatsoever, to contest the election. Hence, no cause of action exists in favour of the petitioner. 6.

This Court notes that the present writ petition has been filed seeking to declare the pronouncement of election results of the Association vide Circular dated 28th August, 2025, as null and void and to conduct fresh elections to the said Association.

7.

Considering the submissions made before this Court, it is apparent that the petitioner is not a member of the Association any longer, as his membership has been suspended. Submissions on behalf of respondent nos. 1 and 2, in this regard, are reproduced as under: "xxx xxx xxx xxx xxx xxx"

8.

Therefore, in view of the submissions made before this Court, it is The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

clear that when the petitioner is not a member of the Association, there is no cause of action in favour of the petitioner.

9.

Accordingly, noting the aforesaid, the present writ petition, along with pending application, is disposed of.

MINI PUSHKARNA, J DECEMBER 10, 2025/au The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.