M/S M.L.A FRUIT TH.ITS PROP v. JAMMU AND KASHMIR BANK LTD TH.ITS CHAIRMAN AND OTHERS
WP(C)/1077/2026 · 2026-05-13
Sanjay Parihar, Sanjeev Kumar
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 1257 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1257 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 42 SUPPL. CAUSE LIST-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR WP(C) 1077/2026 CM(2826/2026) M/S M.L.A Fruit Th. Its Prop …Petitioner(s) Through: Mr. Saleem Gul, Advocate Vs. Jammu & Kashmir Bank Ltd Th. Its Chairman And Others
...Respondent(s) Through: Mr. Rabinder Singh, Advocate
CORAM:
HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE.
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE.
ORDER 13.05.2026
01. This petition has been filed by the petitioner seeking a direction to the respondent-Bank to consider his representation stated to have been made to the respondent No. 1 on 05.05.2026.
02.
Learned counsel appearing for the petitioner submits that the petitioner has requested the respondent-Bank to take over the possession of the mortgaged property and sell the same so as to realize the maximum possible value of the property. He has further prayed for issuance of a No Objection Certificate after settlement of his account.
03. Having heard learned counsel for the parties and perused the material on record, we are of the considered opinion that this petition deserves to be disposed of at this stage with a direction to the respondent-Bank to consider and decide his MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 13.05.26
representation stated to have been filed on 05.05.2026 and to take the process of auction initiated by the respondent-Bank to the logical end. We, however, call upon the respondent-Bank to strictly adhere to the provisions of SARFAESI Act and the Rules framed thereunder, in particular, those pertaining to valuation of the property. The auction and sale of the property to recover the amounts shall be without prejudice to the rights of the respondent-Bank to recover the balance amount, if any, remaining after auction of the property, by all legitimate means.
04.
Disposed of.
(SANJAY PARIHAR) (SANJEEV KUMAR) JUDGE
JUDGE SRINAGAR: 13.05.2026
“Mir Arif”
MIR ARIF MANZOOR I attest to the accuracy and authenticity of this document 13.05.26