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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8560 (JK)

SARTAJ AHMAD MIR v. CHAIRMAN / MANAGING DIRECTOR, JAMMU AND KASHMIR BANK AND ORS.

WP(C)/1857/2025 · 2025-08-27

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No.01 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM No.5429/2025 in WP(C) No.1857/2025 CM No.4900/2025 Sartaj Ahmad Mir …Petitioner(s)/Appellants. Through: Mr. Raja Rameez, Advocate. Vs. Chairman/ Managing Director J&K Bank & Ors. ….Respondent(s) Through: Mr. Adil Asimi, Advocate. CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 27.08.2025 On August 13, 2025, this Court had passed the following order: “At the outset, learned counsel for the respondent Bank submit that pursuant to the proceedings initiated by the authorities under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the actual physical position of the subject property has been obtained on August 4, 2025. Further, by placing reliance upon Standard Chartered Bank Vs. Senior Manager, State Bank of India and Anr, (2013) 9 SCC 620, as also M/s. South Indian Bank Ltd. And Ors. Vs. Naveen Mathew Philip and Anr. Etc. Etc., (2023) Live Law (SC) 320, he submits that the grievance of the petitioner is wholly misconceived. And even otherwise, the petitioner may approach the Debt Recovery Tribunal for redressal of his concerns/grievances. Faced with this, learned counsel for the petitioner prays for a short accommodation to seek instructions and argue the matter. List on 27.08.2025.” With reference to the application at hand, learned counsel for the petitioner submits that certain documents that would have a material bearing on the matter in issue have come into being post institution of the petition. Therefore, it would be expedient if the petitioner is permitted to withdraw the writ petition with liberty to file fresh with complete particulars and all the necessary documents. Dismissed as withdrawn with liberty as prayed for. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE Srinagar 27.08.2025 Abdul Qayoom, Secy. Abdul Qayoom Lone I attest to the accuracy and authenticity of this document 28.08.2025 15:15