Allowed

Jammu and Kashmir Bank Limited v. Zahida Parveen

DRT9 Mar 2026OA/1156/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed Jammu and Kashmir Bank Limited's application for recovery of Rs. 31,73,250/- with interest against the primary borrower and five guarantors. The bank proved the advance of a term loan via documentary evidence despite the defendants appearing ex parte.

What did the court decide?

Recovery of Rs. 31,73,250/- with interest at 11.25% per annum from 19.06.2023, jointly and severally; issuance of Recovery Certificate.

Jammu and Kashmir Bank Limited versus Zahida Parveen — Specific Performance | 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: 1156/2023 Date of Institution: 19.06.2023 Date of Decision: 09.03.2026

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Jammu and Kashmir Bank Limited 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

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Vs.

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Ms. Zahida Parveen Daughter of Shri Mohd. IKhlaq, Resident of Ward No.11, Rajouri. (Jammu and Kashmir)

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Shri Mohd Altaf son of Shri Said Mohd., Resident of Ward No.1. Naka Chotiyan, Ari, Poonch. (Jammu and Kashmir)

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Shri Fareed Ahmed son of Shri Mohd Bashir, Resident of Chak, Banolla, Mendher, Poonch. (Jammu and Kashmir) 2nd Address: - Resident of Narool Mender Poonch, (Jammu and Kashmir)

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Shri Mohd. Shafiq son of Shri Mohd Munshi, Resident of Kheora, Near District Hospital, Rajouri. (Jammu and Kashmir)

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2nd Address: - Resident of Ari Mender Poonch, (Jammu and Kashmir)

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Shri Mohd. Safeer son of Shri Nazak Hussain, Resident of Ari Mender Poonch, (Jammu and Kashmir) 2nd Address: - Resident of House No. 120, Channi, Rajouri, (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 vide order dated 08.08.2024 .

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OA for the Recovery of Rs.31,73,250/- with interest @11.25% per annum with monthly rests from 19.06.2023.

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ORDER

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Jammu and Kashmir Bank Limited has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.31,73,250/- with interest against Ms. Zahida Parveen and others (defendants).

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Bank’s case is that on 10.08.2022, it had granted a loan of Rs.30.00Lacs to defendant No.1 in the form of Term Loan under personal consumption loan scheme for Government Employees as per MOU-Retirement Age 60 for personal use. Defendant Nos. 2 to 5 stood as guarantors vide letters of guarantee dated 12.08.2022. The loan was chargeable to interest @11.25% per annum with monthly rests. On 31.05.2023, a sum of Rs.31,73,250/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 25.07.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 08.08.2024, they were proceeded ex parte .

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In order to prove its case, the Bank has placed on record the affidavit of Sh. Ashish Bhasin, Authorized Officer along with the loan and security documents and marked them as Exhibit A-1 to A-14.

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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 Rs.30.00 Lacs and on 31.05.2023, a sum of Rs.31,73,250/- was due. 6. Accordingly, the application of the bank for the recovery of Rs.31,73,250/- (Rupees Thirty One Lacs Seventy Three Thousand Two Hundred Fifty Only) with interest @11.25% per annum with monthly rests from 19.06.2023, 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.

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Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 16.04.2026, who is directed to distribute the sale proceeds 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: 09.03.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA

Jammu and Kashmir Bank Limited v. Zahida Parveen

Case brief

What is this about?

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Jammu and Kashmir Bank Limited v. Zahida Parveen

Case brief

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