NISSAR AHMAD WANI v. THE JAMMU AND KASHMIR BANK LIMITED AND ORS.
WP(C)/35/2025 · 2025-01-03
Mohd Yousuf Wani, Rajnesh Oswal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 5919 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5919 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S.No.18 Supp.List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 35/2025 NISAR AHMAD WANI …Petitioner(s)/Appellant(s) Through: Mr. Sikander Hyaat Khan, Advocate Vs.
THE JAMMU AND KASHMIR BANK LTD AND ORS. ...Respondent(s) Through: Mr. Shafqat Nazir, Advocate Mr. Zakariya, Advocate
CORAM:
HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER 03-01-2025
1. Earlier the father of the petitioner had filed a writ petition bearing WP (C) No. 2468/2024, which was dismissed by the Coordinate Bench with the following observation:
“14. Thus in view of what has been argued and considered by this Court hereinabove, prima facie it appears the ones who have indulged in fraud are the petitioner and his son. However, the liberty is given entirely to the respondent no. 2 whether they want to proceed against the petitioner and his son in a criminal case
15. The petition sans merits in view of the
discussion hereinabove, is dismissed.”
2. Now, the petitioner, who happens to be son of the petitioner in WP (C) No. 2468 /2024, has filed this writ petition.
3. We are not inclined to show any indulgence. However, Mr. ShafqatNazir, learned counsel appearing for the respondent- Bank submits that the total outstanding amount is
approximately Rs. 10.00 lacs and he further submits that no coercive action shall be taken against the petitioner provided he deposits the amount above within two days from today.
4. Though the petitioner deserves no leniency in respect of his conduct as observed in the order passed by the Coordinate Bench, but taking into consideration that the respondent-Bank has agreed to receive the outstanding amount of approximately, Rs. 10.00 lacs, we grant seven days’ time to the petitioner to deposit such outstanding amount as determined by the Bank by that time, failing which, the respondent-Bank shall be at liberty to proceed in accordance with law.
5. Needless to say that liberty granted by the Coordinate Bench in the order mentioned above, shall always be available to the respondent-Bank.
6. Disposed of in the above said terms. ;
(MOHD. YOUSUF WANI) (RAJNESH OSWAL) JUDGE JUDGE SRINAGAR: 03-01-2025 Mubashir