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2025 DAILYLAW 6929 (JK)

M/S GOOD LUCK BROTHERS v. JAMMU AND KASHMIR BANK LTD AND ORS

WP(C)/828/2025 · 2025-04-25

Mohd Yousuf Wani, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

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Serial No. 69 SUPP. LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 828/2025 CM(2157/2025) M/S GOOD LUCK BROTHERS …Petitioner(s) Through: Mr. Nazish-ul-Haq, Advocate Vs. JAMMU AND KASHMIR BANK LTD AND ORS ...Respondent(s) Through: Mr. Mir Suhail, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE ORDE R 25.04.2025 1. At the outset, learned counsel for the petitioner was asked as to why he has not disclose the filing of the two earlier petitions i.e. WP (C) No. 1581/2024 and WP (C) No. 2900/2024, touching the same subject matter. The reply of the learned counsel was that the instant petition is for a fresh cause of action 2. After having gone through the entire petition as also the order impugned in this petition, we find that the order impugned dated 7th April, 2025, has been passed by the Tehsildar, B.K. Pora, in compliance with the directions of the Chief Judicial Magistrate, Budgam, dated 15th November, 2024. It is this order of the Chief Judicial Magistrate, Budgam, dated 15th November, 2024, which was called in question by the petitioner in WP (C) No. 2900/2024, which petition came to be dismissed vide an order and judgment dated 13th December, 2024. 3. It is thus wrong to contend that the filing and disclosure of the earlier petition was not required as the instant petition was filed on fresh cause of action to challenge the order of the Tehsildar B.K. Pora, dated 7th April, 2025. We are not impressed by the submissions made by the learned counsel for the petitioner and intend to dismiss the petition with exemplary costs. Arif Hameed I attest to the accuracy and authenticity of this document 29.04.2025 4. Faced with the aforesaid situation, learned counsel for the petitioner seeks leave of this Court to withdraw the instant petition with liberty to approach the respondents to settle the matter. His statement is taken on record. 5. The writ petition is accordingly dismissed as withdrawn. 6. We make it clear that in case the matter is not settled amicably, the bank shall proceed to recover the amount in accordance with law. (MOHD YOUSUF WANI) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 25.04.2025 “ARIF” Arif Hameed I attest to the accuracy and authenticity of this document 29.04.2025