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2025 DAILYLAW 8608 (JK)

GULZAR AHMAD WANI v. MANAGING DIRECTOR AND ORS. (JAMMU AND KASHMIR BANK LIMITED)

WP(C)/2149/2023 · 2025-07-18

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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S.No.47 Regular List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINGAR WP(C) 2149/2023 GULZAR AHMAD WANI …Petitioner(s)/Appellant(s) Through: None Vs. MANAGING DIRECTOR AND ORS. (JAMMU AND KASHMIR BANK LIMITED) ...Respondent(s) Through: Mr. Shafqat Nazir, Advocate CORAM:HON’BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE ORDER 18-07-2025 1. The petitioner, through the medium of the present petition, seeks a writ, order, or direction in the nature of mandamus, commanding the respondents to consider and take a decision on the reply filed by him to the Demand Notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the respondent-Bank. The petitioner also prays that, until such consideration is made, the respondents be restrained from taking any coercive measures against him. 2. In addition, the petitioner seeks a writ, order, or direction in the nature of mandamus, commanding respondent No.2 to liquidate the outstanding loan amount from respondent No.3, in terms of Policy No. 00000640 and Certificate No. 23625719. 3. Mr. Shafqat Nazir, learned counsel for the respondent-Bank, submits that prior to the filing of the present petition, the respondents had duly considered the reply dated 07.08.2023 filed by the petitioner, and after such consideration, passed a reasoned order bearing reference No. 63 of 63F dated 25.08.2023. He further submits that the said order has neither been challenged by the petitioner before any forum nor has the petitioner disclosed this vital fact before this Court, thereby suppressing a material and determinative circumstance essential for the fair adjudication of the matter. 4. In view of the above, the only relief sought by the petitioner already stands addressed. Consequently, no fruitful purpose would be served by keeping this petition pending, as the grievance of the petitioner stands redressed. 5. Accordingly, the petition is disposed of. However, the petitioner is at liberty to challenge order bearing reference No. 63 of 63F dated 25.08.2023 before appropriate forum, if so advised. 6. Disposed of in terms of the above. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 18-07-2025 Mubashir