Allowed

Jammu and Kashmir Bank Limited v. Mohd. Arif Khan

DRT16 Apr 2026OA/1012/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed Jammu & Kashmir Bank Ltd.'s application under Section 19 of the RDB Act for recovery of ₹20,69,093.36 with interest from the borrower and guarantors, who were absent and proceeded with ex parte.

What did the court decide?

Recovery of ₹20,69,093.36 with interest @11.50% per annum; issuance of Recovery Certificate; joint and several liability for all defendants.

Jammu and Kashmir Bank Limited versus Mohd. Arif… — Contract and Commercial Disputes | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 1012 of 2023 Date of Institution: 19.05.2023 Date of Decision: 16.04.2026

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Jammu & Kashmir Bank Ltd. having its branches all over India and a branch at Rajouri Main Branch, Opposite Tehsil Office, Main Bazar, Rajouri, Jammu and Kashmir.

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……..Applicant Vs.

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Mohd. Arif Khan son of Shri Mohd. Fazal, Resident of Ward No. 3, Kherora, Rajouri, Jammu and Kashmir.

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Shri Zaheer Ahmed son of Shri Mohd Munshi, Resident of V. P.O. Ari Mendhar, Poonch, Jammu and Kashmir.

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Shri Zulfkar Ahmed son of Shri Mohd Rashid, Resident of V. P.O. Ari Mendhar, Poonch, Jammu and Kashmir.

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……….Defendants

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Advocates

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Sh. Vivek Verma, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of ₹20,69,093.36p with interest @11.50% per annum with monthly rests from 19.05.2023.

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ORDER

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Jammu & Kashmir Bank Ltd. (Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of ₹20,69,093.36p with interest against Mohd. Arif Khan and others (defendants).

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Bank’s case is that on 20.08.2022, it had granted a loan of ₹19.90Lacs to defendant no.1 in the form of Personal Consumption Loan for personal use. Defendant nos. 2 and 3 stood as the guarantors. The loan was chargeable to interest @11.50% per annum with monthly rests. On 31.03.2023, a sum of ₹20,69,093.36p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 16.06.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 19.02.2025, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Mr. Ashish Bhasin, Authorised Officer along with the loan and security documents and marked them as Exhibit A-1 to A-9. 5. I have perused the evidence on the record. I am of the considered view that the Bank has proved its case that it had advanced the loan of ₹19.90Lacs and on 31.03.2022, a sum of ₹20,69,093.36p was due. 6. Accordingly, the application of the bank for the recovery of ₹20,69,093.36p (Rupees Twenty Lacs Sixty Nine Thousand Ninety Three and Thirty Six Paise Only) with interest @11.50% per annum with monthly rests from 19.05.2023, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several. Bank can recover its dues by the sale of the personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 19.05.2026, who is directed to distribute the sale proceeds of the property(ies) as per the provisions of Section 19(20-AB) of the Act . 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.

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Pronounced in the open Court. (A S Narang) Dated: 16.04.2026 Presiding Officer DRT-1, Chandigarh (Law Researcher)

Jammu and Kashmir Bank Limited v. Mohd. Arif Khan

Case brief

What is this about?

What did the court decide?

Jammu and Kashmir Bank Limited v. Mohd. Arif Khan

Case brief

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