WP (C) No. 2096/2025 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2096/2025 Date of pronouncement: 17.02.2026. Date of uploading: 1. Smt. Kanta Devi, Age 75 years d/o Late Sh. Kasturi Lal R/o KC Enclave, Lane No. 1, Near KC Public School Paloura, Jammu. 2. Smt. Isha Mahajan, Age 51 years D/o Ltd. Kasturi Lal R/o KC Enclave Lane No. 1, Near KC Public School Paloura, Jammu. 3. Smt. Dimple Mahajan, Age 49 years D/o Late Sh. Kasturi Lal W/o Mangat Ram R/o H.No. 842/1 Kucha Ranjodh Singh Kotra, Baghian Amritsar, Punjab. .....Applicant(s)/Petitioner(s) Through :- Mr. Ajay Vaid, Advocate v/s 1. Jammu & Kashmir Bank Ltd. through its Chairman Zonal Office, Rail Head Complex, Panama Chowk, Jammu. 2. Authorized Officer, Impaired Assets Portfolio Management Department Zonal Office, Railhead Panama Chowk, Jammu. 3. Branch Manager J & K Bank Branch Office Canal Road Jammu. 4. Romesh Kumar S/o Sh. Hukam Chand R/o H.No. 868 Krishna Nagar, Jammu .....Respondent(s) Through :- Mr. Vipan Gandotra, Advocate CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER (ORAL) 1. In this petition, filed by the petitioners under Article 226 of the Constitution of India, a challenge is thrown to the possession notice dated 09.07.2025, issued by respondent no. 2 and published in the Daily Excelsior on 16.07.2025. The petitioners are also seeking a Sr. No. 05 2 direction upon respondent nos. 1 to 3 to exercise the power conferred upon them under Rule 8 (5) of the SARFAESI Act by selling half portion of the mortgaged shop of the petitioners and thereby recovering the loan. 2. The matter was considered by this Court on 29.12.2025, when this Court, after hearing both the sides, directed that e-Auction sale notice claimed to have been issued by the respondent-Bank shall remain stayed subject to the petitioners herein depositing the outstanding amount of loan. 3. Learned counsel appearing for the petitioners would submit that the petitioners have already deposited a huge amount and would deposit the balance amount, if any, pending in the loan account, within a period of one week provided the Bank withdraws the e-Auction notice and restores the possession of the mortgaged property to the petitioners. 4. Having considered rival contentions and the fair stand taken by both the sides, we propose to dispose of this petition by providing as under: i. The petitioners shall deposit the balance amount due as on date with the respondent-Bank within a period of one week from today. ii. Subject to the aforesaid deposit, the respondent-Bank shall withdraw e-Auction sale notice and shall also restore the property subject of e-Auction notice to the petitioners within a period of one week. Ordered accordingly. (Sanjay Parihar) (Sanjeev Kumar) Judge Judge JAMMU 17.02.2026 Manik