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2025 DAILYLAW 6009 (JK)

M/S SHAKEEL AHMAD BHAT v. JAMMU AND KASHMIR BANK LTD AND ORS

WP(C)/109/2025 · 2025-01-17

Mohd Yousuf Wani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S.No.8 Supp List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP ( C ) No. 109/2025 CM No. 236/2025 M/S Shakeel Ahmad Bhat …Petitioner(s)/Appellant(s) Through: Mr. Aijaz Ahmad, Advocate. Vs. JK Bank Ltd. & Ors. ...Respondent(s) Through: Mr. N. A. Dendroo, Advocate. CORAM: HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDER 17-01-2025 1. The short grievance of the petitioner as projected through the medium of instant petition filed under Article 226 of the Constitution of India, is that he approached the respondent- bank with a representation to avail their latest One Time Scheme (OTS) policy issued vide circular No. 561 dated 18th December, 2024 but despite qualifying for the same, the respondent-bank did not process his representation and instead have been pursuing the relevant provisions under the SARFASI Act. 2. It is submitted in rebuttal by Mr. N. A. Dendroo, Advocate, appearing for the respondent-bank that the petitioner is resorting to dilly- dallying tactics and is not really interested in liquidation of the outstanding loan amount. The petitioner’s failure to liquidate the loan amount despite his account already been declared as NPS has prompted the respondent-bank to initiate the SARFASI proceedings for realization of the loan amount from the secured asset. 3. In light of the grounds taken in the writ petition, this Court is of the opinion that the matter can be disposed of at its threshold stage by passing some appropriate orders which will not prejudice the interests of the respondent-bank. 4. Accordingly, the instant writ petition is disposed of with a direction to the respondent-bank to consider the offer/representation of the petitioner for availing the latest OTS issued vide circular No. 561 dated 18th December, 2024 provided he qualifies for the same, within a period of two weeks from the date of receipt of certified copy of this order. Till then no coercive measures shall be taken against the petitioner for realization of the outstanding loan amount. 5. Disposed of along with connected CM(s). ; (MOHD YOUSUF WANI) JUDGE SRINAGAR: 17-01-2025 Abdul Rashid