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2025 DAILYLAW 7034 (JK)

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

Judgment text

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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