Serial No.1 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2353/2023 CM 5535/2023 CM 6833/2024 M/S Mohammad Yousuf and Sons …Petitioner(s) Through: Ms. Sabeena Naveed, Sr. Advocate with Ms. Huda Parvez, Advocate & Ms. Seerat Ishfaq, Advocate Vs. J&K Bank Limited and Ors. ...Respondent(s) Through: Ms. Taniya, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 24.11.2025 1. Having heard learned counsel for the parties and having regard to the fact that the petitioner had paid a substantial amount of loan prior to the issuance of communication dated 24th January, 2025 issued by the respondent-Bank to the petitioner informing the later to avail of the benefit of the One Time Settlement (OTS) Scheme on the terms and conditions enumerated in the said communication, we are inclined to show indulgence. 2. It is submitted by the learned counsel appearing for the petitioner that the benefit of the One Time Settlement (OTS) scheme, as conveyed to him by the Bank on 24th January, MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 24.11.25 2025, could not be taken on the bonafide belief that more than the upfront amount required under the scheme stood already deposited with the respondent-Bank. 3. In view of the aforesaid, we are of the considered opinion that, in the interest of justice and by way of a one- time exception, the Bank ought to be called upon to allow the petitioner to avail the benefit of One Time Settlement (OTS) scheme in terms of communication dated 24th January, 2025, as if the OTS scheme is still in force and the communication is issued today on 24th November, 2025. Ordered accordingly. 4. We, however, make it clear that in case the petitioner fails to comply with the terms and conditions conveyed to him in terms of communication dated 24th January, 2025, the respondent-Bank shall be free to dispose of the secured assets and take any other legitimate measures to recover the outstanding amount. 5. Disposed of. 6. This petition has been disposed of in peculiar circumstances and shall not be acted as precedent in cases that may come before this Court hereinafter. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 24.11.2025 “Mir Arif” MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 24.11.25