Allowed

Jammu and Kashmir Bank Limited v. Nisar Ahmad Bhat (Aka Nissar Ahmad Bhat)

DRT8 Sept 2026OA/1401/2024

Case brief

AI extract

What is this about?

In an ex parte order, the Debts Recovery Tribunal-I, Chandigarh allowed an application filed by Jammu and Kashmir Bank Ltd. under Section 19 of the RDB Act for the recovery of outstanding dues of approximately Rs.23.79 lakhs, including interest, against the borrowers and guarantors of a housing loan facility.

What did the court decide?

Allowed application for recovery of Rs.23,79,077.47p with interest; liability of all defendants is joint and several; Recovery Certificate to be issued; parties directed to appear for execution.

Jammu and Kashmir Bank Limited versus Nisar Ahmad… — 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: 1401/2024 Date of Institution: 17.06.2024 Date of Decision: 08.09.2026

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Jammu and Kashmir Bank Ltd., a Branch situated at Chinkipora, Sopore, Jammu and Kashmir.

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…Applicant Vs.

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Nisar Ahmad Bhat (aka Nissar Ahmad Bhat) S/o Abdul Gani Bhat R/o Watlab, Sopore (Tehsil Dangerpora), Baramulla, Jammu and Kashmir.

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Fatima Begum W/o Nisar Ahmad Bhat R/o Watlab, Sopore (Tehsil Dangerpora), Baramulla, Jammu and Kashmir.

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Nayeem Ahmad Bhat S/o Abdul Gani Bhat R/o Watlab, Sopore (Tehsil Dangerpora), Baramulla, Jammu and Kashmir.

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Misar Ahmad Malik S/o Mohammad Maqbool Malik R/o Dara Pora, Bomai, Zaingeer, Baramulla, Jammu and Kashmir.

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…Defendants

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Advocates

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Sh. Gaurav Thakur, proxy Counsel for Sh. Mayank Mathur, Counsel for the Applicant Bank. Defendants – ex parte .

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OA for the Recovery of Rs.23,79,077.47p with interest @18% per annum with monthly rests from 17.06.2024.

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ORDER

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On 17.06.2024, Jammu and Kashmir Bank Ltd. filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.23,79,077.47p with interest against Sh. Nisar Ahmad Bhat and others (defendants).

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Defendant Nos.1 and 2 are the borrowers and defendant Nos.3 and 4 are the guarantors. Bank’s case is that on 12.05.2019, it had granted a Housing Loan facility of Rs.20 lacs to defendant Nos.1 and 2.

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¶18

To secure the loan facility, defendant No.1 had mortgaged his land (fully detailed in para No.5.7 of the application). Defendant Nos.3 and 4 stood as Guarantors for the above facility vide Guarantee Deed dated 20.06.2019. The loan was chargeable to interest @18% per annum with monthly rests. The defendants had acknowledged their liability towards the debt on 09.12.2022. On 30.04.2024, a sum of Rs.23,79,077.47p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 07.10.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 16.09.2025, 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, Authorized Officer, along with the loan and security documents. 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 a Housing Loan facility of Rs.20 lacs and on 30.04.2024, a sum of Rs.23,79,077.47p was due. 6. Accordingly, the application of the Bank for the recovery of Rs.23,79,077.47p (Rupees Twenty-Three Lacs Seventy-Nine Thousand Seventy-Seven and Paise Forty-Seven Only) with interest @18% per annum with monthly rests from 17.06.2024, 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 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 09.10.2026 . 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: 08.09.2026 Presiding Officer DRT-1, Chandigarh HARSH

Jammu and Kashmir Bank Limited v. Nisar Ahmad Bhat (Aka Nissar Ahmad Bhat)

Case brief

What is this about?

What did the court decide?

Jammu and Kashmir Bank Limited v. Nisar Ahmad Bhat (Aka Nissar Ahmad Bhat)

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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