Allowed

Jammu and Kashmir Bank Limited v. Mohammad Muzzaffar Mir

DRT24 Aug 2026OA/1323/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's application for recovery of ₹44.28 Lacs principal plus interest under Section 19 of the RDB Act. The court held that the bank proved the loan advance and the due amount after the defendants failed to appear. A Recovery Certificate was issued for joint and several recovery.

What did the court decide?

Allowed recovery of ₹44,28,513.51p with interest @9.55% p.a. from 17.05.2024. Issued Recovery Certificate. Direct Recovery from mortgaged property and personal movable/immovable property of defendants

Jammu and Kashmir Bank Limited versus Mohammad Muzzaffar Mir — Banking and Recovery | 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: 1323 of 2024 Date of Institution: 17.05.2024 Date of Decision: 24.08.2026

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Jammu & Kashmir Bank Ltd. having its branches all over India and a branch at Jamia Qadeem, Sopore, Jammu & Kahsmir.

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……..Applicant

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Vs.

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Mohammad Muzzaffar Mir S/o Ghulam Nabi Mir R/o Sangipora, Bomai Sopore, Baramulla, Jammu and Kashmir.

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Shahnawaz Muzaffar Mir (also known as Shahnawaz Muzzafar Mir S/o Mohammad Muzzaffar Mir R/o Sangipora, Bomai Sopore, Baramulla, Jammu and Kashmir.

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Hilal Ahmad Shah S/o Mohammad Akbar Shah R/o Quil-Muqam, Tehsil Aloosa, Bandipora, Jammu and Kashmir

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Nisar Ahmad Mir (Guarantor) S/o Ghulam Nabi Mir R/o Sangipora, Bomai Sopore, Baramulla, Jammu and Kashmir.

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……….Defendants

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Advocates

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Sh. Gaurav Thakur proxy counsel for Mr. Mayank Mathur, Counsel for the applicant bank.

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Defendants - ex parte .

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OA for the Recovery of ₹44,28,513.51p with interest @9.55% per annum with monthly rests from 17.05.2024.

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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 ₹44,28,513.51p with interest against Mohammad Muzzaffar Mir and others (defendants).

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Bank’s case is that on 01.06.2021, it had granted a loan of ₹39.00Lacs to defendant nos.1 and 2 in the form of Housing Loan. To secure the loan, Defendant no.1 had mortgaged his land (fully detailed in

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para No.5.7 of the application). Defendant nos.3 and 4 stood as the guarantors. The loan was chargeable to interest @9.55% per annum with monthly rests. On 30.04.2024, a sum of ₹44,28,513.51p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 23.09.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 06.03.2025, 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, Branch Manager along with the loan and security documents and marked them as Exhibit A-1 to A-7. 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 ₹39.00Lacs and on 30.04.2024, a sum of ₹44,28,513.51p was due. 6. Accordingly, the application of the bank for the recovery of ₹44,28,513.51p (Rupees Forty Four Lacs Twenty Eight Thousand Five Hundred Thirteen and Fifty One Paise Only) with interest @9.55% per annum with monthly rests from 17.05.2024, 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 mortgaged land fully detailed in para No.5.7) of the application as well as from 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 25.09.2026.

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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: 24.08.2026 Presiding Officer DRT-1, Chandigarh

Jammu and Kashmir Bank Limited v. Mohammad Muzzaffar Mir

Case brief

What is this about?

What did the court decide?

Jammu and Kashmir Bank Limited v. Mohammad Muzzaffar Mir

Case brief

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What did the court decide?

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