✦ High Court of Jammu & Kashmir and Ladakh

Irshad Ahmad Shah v. JK Bank & Ors.

No. 2712 of 2024RAJNESH OSWAL, MOHD YOUSUF WANI

Case at a glance

Bench
RAJNESH OSWAL, MOHD YOUSUF WANI

Outcome

Disposed of

Accordingly, the petition is disposed of by directing the respondents to

Provisions considered

Judgment

Through: Mr. Sheikh Mushtaq, Advocate. Vs. JK Bank & Ors. ...Respondent(s) Through: Mr. Rabinder Singh, Advcoate. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE

Operative part

O R D E R 09.12.2024 Mr. Rabinder Singh, learned counsel, appearing on behalf of the respondent No. 1-3 submits that the amount of Rs. 6.61 lacs stands deposited in two installments by the petitioner. The prayer made by the petitioner in the present petition is for quashing the order dated 4th October, 2024, passed by the court of learned Chief Judicial Magistrate, Pulwama in an application filed under section 14 of SARFAESI Act, 2002, whereby the SHO Police Station Kakapora, Pulwama was directed to take over the possession of the land comprising of survey No. 1146 min Khata No. 254 & Khewat No. 58 along with house built upon it situated at mouza Kakapora, Pulwama. In view of the categoric submission made by Mr. Rabinder Singh, learned counsel for the respondent No. 1-3 that the housing loan stands settled by the petitioner, as such, no fruitful purpose would be served by retaining this petition pending on board. Accordingly, the petition is disposed of by directing the respondents to issue NOC in favour of the petitioner insofar as the housing loan of the petitioner is concerned. Disposed of. (MOHD YOUSUF WANI) (RAJNESH OSWAL) JUDGE JUDGE SRINAGAR: 09.12.2024 “Ab. Rashid” Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document

10.12.2024 16:20

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the petition is disposed of by directing the respondents to

Which statutory provisions did this judgment involve?

SARFAESI Act, 2002 — s. 14.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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