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2025 DAILYLAW 6350 (JK)

M/S HYWARD INTERNATIONAL SHOWROOM v. JAMMU AND KASHMIR BANK LIMITED AND ORS.

WP(C)/328/2025 · 2025-03-10

Mohd Yousuf Wani

Writ Petition (Civil)body2025

Judgment text

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Serial No.01 Regular cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 328/2025 M/S Hyward International Showroom ….. Appellant/petitioner(s) Through: - Mr. Abrar Khan, Advocate V/s Jammu and Kashmir Bank Limited and Ors. ….. Respondent(s) Through: - Mr. Rabinder Singh, Advocate. CORAM: HON’BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE (ORDER) 10.03.2025 1. The short grievance of the petitioner being agitated through the medium of the instant petitioner filed under Article 226 of the Constitution of India is that his business unit M/S Harvard International Showroom, Saidakadal, Srinagar which was got insured by the respondent-Bank i.e., Jammu and Kashmir Bank Limited through its Branch Manager REC-NIT, Srinagar was damaged in a fire incident pursuant to which he could not continue with the said business. That since the petitioner had raised a loan from the respondent-Bank in connection with the management of his aforesaid business, therefore, owing to the fact of his business coming to a halt, his loan account was declared as NPA for want of repayments and the respondent-Bank also initiated the proceedings under SURFAESI Act in respect of the secured asset. That he made representation before the respondent-Bank offering to avail Bank’s One Time Settlement scheme with further request to respondent-Bank to get his insurance claim settled as having been secured through Bank itself but, the respondent-Bank has slept over the matter which has added to his hardships. 2. Under these circumstances, this Court is of the opinion that the matter can be disposed of even at this threshold stage by passing of appropriate orders/directions which is not likely to prejudice the interests of the respondents. 3. Accordingly, the instant writ petition is disposed of with the direction to the respondent-Bank to consider the representation of the petitioner in respect of his offer to avail the Bank’s One Time Settlement Scheme and also facilitate the immediate settlement of his insurance claim. The respondents shall submit the status report to this Court within a period of four weeks from today. 4. Disposed of. (MOHD YOUSUF WANI) JUDGE SRINAGAR 10.03.2025 “Shaista-PS” Shaista Rashid Shah I attest to the accuracy and authenticity of this document 13.03.2025 14:56