M/S BHAT BROTHERS / BHAT FRUITS AND ORS. v. THE JAMMU AND KASHMIR BANK LIMITED AND ORS.
WP(C)/864/2024 · 2025-08-01
Sanjeev Kumar, Vinod Chatterji Koul
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 7034 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7034 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No.4 REGULAR CAUSE LIST
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C)/864/2024 M/S BHAT BROTHERS / BHAT FRUITS AND ORS …Petitioner(s)
Through: Mr. T.A. Lone, Advocate with Ms. Sabiya, Advocate Vs.
THE JAMMU AND KASHMIR BANK LIMITED AND ORS. ...Respondent(s) Through: Mr. Iman Abdul Muizz, Advocate vice Mr. T.H. Khawaja, Advocate
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER 01.08.2025
1. In terms of order dated 24th April, 2024, this Court had
directed the petitioners to deposit an amount of Rs. 25 lacs within a period of two weeks. Despite the passage of more than one year, the aforesaid direction though repeated several times has not been complied with.
2. As a matter of fact, vide order dated 27th May, 2025, this Court after taking note of the conduct of the petitioners, left it free to the respondent-Bank to proceed against the petitioners for recovery of its due by proceeding against secured asset.
3. Since the interim directions have been vacated and the respondent-Bank is proceeding to recover its due by taking an action under the SARFAESI Act, as such, there Arif Hameed I attest to the accuracy and authenticity of this document 01.08.2025
remains nothing in this petition to be adjudicated. The impugned orders are being enforced by the Bank and, therefore, there is no cause left for the petitioners to pursue this petition. Otherwise also, there is unexplained delay and latches in challenging the impugned order.
4. For all these reasons, we find no merit in this petition and same is accordingly dismissed.
(VINOD CHATTERJI KOUL)
(SANJEEV KUMAR)
JUDGE
JUDGE
SRINAGAR: 01.08.2025
“Arif”
Arif Hameed I attest to the accuracy and authenticity of this document 01.08.2025