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2025 DAILYLAW 7529 (JK)

MOHD FAROOQ CHECHI v. BARAMULLA CENTRAL COOPERATIVE BANK LTD THROUGH ITS MANAGING DIRECTOR

WP(C)/1351/2023 · 2025-06-04

Sanjay Parihar, Sanjeev Kumar

Writ Petition (Civil)body2025

Judgment text

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Serial No.16 Regular Cause list IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1351/2023 Mohd Farooq Chechi ….. Appellant/petitioner(s) Through: - Mr. Imtiyaz Ahmad Sofi, Advocate V/s Baramulla Central Cooperative Bank Ltd. through Its Managing Director ….. Respondent(s) Through: - Mr. Hamza Prince, Advocate CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE (ORDER) 04.06.2025 01. Impugned in this petition, filed under Article 226 of the Constitution of India, is an order dated 16.05.2023, passed by Nodal Officer, Baramulla Central Cooperative Bank Limited, under Rule 13(2) read with Rule 8 and 9 of Security Interest (Enforcement Rules), 2002. The impugned order is called in question by the petitioner primarily on the ground that before issuing order dated 16.05.2023, no opportunity of hearing was provided to the petitioner by the Bank. 02. Mr. Hamza Prince, learned appearing counsel for the respondent- Bank fairly submits that the Bank is ready to provide an opportunity of hearing to the petitioner and pass appropriate orders on merits. 03. Having regard to the nature of controversy involved and the fair stand taken by the Bank, this petition is allowed and order dated 16.05.2023, Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document impugned in this petition is set aside. It is left open to the respondent-Bank to pass fresh orders on merits only after given an adequate opportunity of hearing to the petitioner, which may include submission of documents in possession of the petitioner. 04. Disposed of along with connected CM(s). (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR 04.06.2025 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document