Allowed

Jammu and Kashmir Bank Limited v. Shri Nazarat Hussain

DRT6 Apr 2026OA/1190/2023

Case brief

AI extract

What is this about?

This order allowed an application under Section 19 of the RDB Act for recovery of ₹28,21,256.47p plus interest. The court found the bank proved its case via affidavit and documents regarding a Personal Consumption Loan and Cash Credit Limit. Liability was made joint and several for the PCL and limited for CC for the primary borrower.

What did the court decide?

Allowed the application for recovery of ₹28,21,256.47p with interest @10.85% per annum; directed joint and several liability for respondents; directed issuance of Recovery Certificate.

Jammu and Kashmir Bank Limited versus Shri Nazarat… — 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: 1190 of 2023 Date of Institution: 18.06.2023 Date of Decision: 06.04.2026

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The Jammu & 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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Nazarat Hussain son of Mohd Munshi, Resident of Ward No.3, Neer Kheora, Near District Hospital, Rajouri, Jammu and Kashmir.

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IInd Address: Resident of Ari Mendher, Poonch. (Jammu and Kashmir)

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

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Zaffer Iqbal son of Mohd Younis, Resident of Ward No. 5, Ari, Mendher, 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.

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Defendants - ex parte .

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OA for the Recovery of ₹28,21,256.47p with interest @10.85% per annum with monthly rests from 18.06.2023.

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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 ₹28,21,256.47p with interest against Nazrat Hussain and others (defendants).

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Bank’s case is that on 24.04.2022, it had granted a loan of ₹24.00Lacs to defendant no.1 for Personal Consumption. Defendant nos. 2 and 3 stood as the guarantors for the Personal Consumption Loan. On 20.05.2022, Bank granted a loan of ₹3.30Lacs in the form of C.C. Limit under J&K Bank Cash Credit Scheme for Salaried Employees. The loans

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were chargeable to different rates of interest. On 31.05.2023, a sum of ₹28,21,256.47p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application. 3. On 28.07.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 12.09.2025, 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, Authotised officer along with the loan and security documents and marked them as Exhibit A-1 to A-18. 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 loan under different schemes on 31.05.2023, total sum of ₹28,21,256.47p (₹24,80,334.97p in P.C.L. and ₹3,40,921.50p in C.C. Limit) was due. 6. Accordingly, the application of the bank for the recovery of ₹28,21,256.47p (Rupees Twenty Eight Lacs Twenty One Thousand Two Hundred and Fifty Six and Forty Seven Only) with interest @10.85% per annum with monthly rests from 18.06.2023, till the date of payment is hereby allowed with costs. The liability of all the defendants would be joint and several for the amount due in P.C.L. Limit whereas Defendant no.1 would be liable for the amount due in C.C. Limit also. Bank can recover its dues by the sale of 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 07.05.2026, who is directed to distribute the sale proceeds of the

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property(ies) and standing crops as per the provisions of Section 19(20AB) of the Act . 10. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties. Pronounced in the open Court. (A S Narang) Dated: 06.04.2026 Presiding Officer DRT-1, Chandigarh Amanpreet (Law Researcher)

Jammu and Kashmir Bank Limited v. Shri Nazarat Hussain

Case brief

What is this about?

What did the court decide?

Jammu and Kashmir Bank Limited v. Shri Nazarat Hussain

Case brief

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What did the court decide?

What the court decided

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