Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 10585 (JK)

NISAR AHMAD MATOO v. JAMMU AND KASHMIR BANK LIMITED AND ORS.(Banks)

WP(C)/1568/2024 · 2025-11-18

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 17 Supp. CAUSE LIST HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1568/2024 CM(4222/2024) NISAR AHMAD MATOO …Petitioner(s) Through: Mr. Suhail Ahmad Bhat, Advocate Vs. JAMMU AND KASHMIR BANK LIMITED AND ORS. ...Respondent(s) Through: Mr. Abdul Muizz, Advocate vice Mr. Tasaduq H. Khawja, Sr. Advocate CORAM: Hon’ble Mr. Justice Sanjeev Kumar, Judge. Hon’ble Mr. Justice Sanjay Parihar, Judge. ORDER 18.11.2025 01. Vide order dated 22.07.2024, the e-Auction proceedings initiated by the Bank were stayed by this Court subject to the petitioner clearing the entire liability. 02. At the time the matter was considered, the petitioner had requested for stay of the e-Auction proceedings and submitted that he would be clearing the entire liability within a period of four weeks. 03. The aforesaid order has not been complied with even after a lapse of more than one year. Nuzhat Shafi I attest to the accuracy and authenticity of this document 19.11.2025 12:13 04. The petitioner has no case to urge before this Court. Being a borrower in default the petitioner must liquidate his loan liability. Failure to clear the liability would necessarily entail an action besides others under the SAFAESI Act. 05. The respondents have committed no illegality in proceeding against the secured assets. 06. For these reasons we find no merit in this petition and same is accordingly dismissed. 07. The Respondent-Bank shall proceed against the secured assets and recover its amount after completing the e- Auction proceedings. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge SRINAGAR: 18.11.2025 “S.NUZHAT” Nuzhat Shafi I attest to the accuracy and authenticity of this document 19.11.2025 12:13 Nuzhat Shafi I attest to the accuracy and authenticity of this document 19.11.2025 12:13