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2025 DAILYLAW 7566 (JK)

GHULAM RASOOL BAKHROO AND ORS. v. JAMMU AND KASHMIR BANK AND ORS.

WP(C)/1241/2025 · 2025-05-27

Sanjay Parihar, Sanjeev Kumar

body2025

Judgment text

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Sr. No. 33 Suppl. Cause List. 1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 1241/2025 Ghulam Rasool Bakhroo & Ors. …Petitioner(s)/Appellant(s) Through: Mr. Shuja-ul-Haq, Adv. Vs. J&K Bank Ltd. & Ors. ...Respondent(s) Through: Mr. Shafqat Nazir, Adv. with Ms Heena Baqal, Adv. CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE O R D E R 27.05.2025 Caveat No. 554/2025 Caveat stands discharged. WP (C) No. 1241/2025 In this petition, the petitioner has called in question the order dated 17th December 2024 passed by the Court of Chief Judicial Magistrate, Srinagar under Section 14 of SARFAESI Act. The petitioner is neither a borrower nor a guarantor and, therefore, is not directly hit by the aforesaid order. However, petitioners claim to be the tenants in the four shops belonging to the borrower and, therefore, submit that attachment and sealing of the secured asset has adversely affected their right to run business in the shops. The petitioners claim that they have already made a detailed representation to the Bank on 8th May 2025, but the same has not been considered. Having heard learned counsel for the parties and perused the material available on record, we are of the considered opinion that the representation, if any, made by the petitioners, requires to be considered and disposed of on merits by the Bank. This petition is accordingly disposed of with a direction to the respondents to consider and dispose of the representation stated to have been filed by the petitioners on 8th May 2025 within a period of one week from the date a copy of this order is made available to the Bank. The order passed on the representation shall be conveyed to the petitioners. (SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE JUDGE SRINAGAR: 27.05.2025 Altaf Mohd Altaf Nima I attest to the accuracy and authenticity of this document 29.05.2025