Allowed

Jammu and Kashmir Bank Limited v. Mohammad Shafi Bhat

DRT28 Aug 2026OA/213/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application under Section 19 of the RDB Act for recovery of Rs. 29.82 lakhs and interest granted as a housing loan, ordering joint and several liability and issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 29,82,969.52 with interest @8.25% p.a.; Liability declared joint and several; Recovery Certificate issued.

Jammu and Kashmir Bank Limited versus Mohammad Shafi Bhat — 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: 213 of 2024 Date of Institution: 18.07.2023 Date of Decision: 28.08.2026

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Jammu & Kashmir Bank Ltd. having its branches all over India and a branch at NS Road, Srinagar, Jammu & Kashmir.

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……..Applicant

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Vs.

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Mr. Mohammad Shafi Bhat S/o Wali Mohammad Bhat R/O Khwaja Bagh Gunj Bagh, Srinagar, Jammu and Kashmir.

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Mr. Rouban-d-din Bhat S/o Mohammad Shafi Bhat, R/O Khwaja Bagh Gunj Bagh, Srinagar, Jammu and Kashmir.

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Mr. Farooq Ahmad Fashoo S/o Abdul Rashid Fashoo R/o Khankah Mohalla, Srinagar, Jammu and Kashmir .

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Mr. Firdous Ahmad Dar S/O Ghulam Nabi Dar R/O Ishber Nishat Srinagar, Jammu and Kashmir.

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……….Defendants

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Advocates

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Sh. Sunil Salhotra proxy counsel for Sh. Mayank Mathur, Counsel for the applicant bank. Defendants - ex parte .

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OA for the Recovery of Rs.29,82,969.52p with interest @8.25% per annum with monthly rests from 18.07.2023.

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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 Rs.29,82,969.52p with interest against Sh. and others (defendants).

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Bank’s case is that on 19.10.2018, it had granted a loan of Rs.29.00Lacs to defendant nos. 1 and 2 in the form of Housing Loan. To secure the loan, Defendant no.1 had mortgaged property (fully detailed in para No.5.7 of the application). Defendant nos. 3 and 4 stood as the

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guarantors vide deed dated 05.11.2018. The loan was chargeable to interest @8.25% per annum with monthly rests. On 31.03.2023, a sum of Rs.29,82,969.52p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 21.02.2024, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 28.07.2025, 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 with the loan and security documents and marked them as Exhibit A-1 to A-6.

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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.29.00Lacs and on 31.03.2023, a sum of Rs.29,82,969.52p was due.

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Accordingly, the application of the bank for the recovery of Rs.29,82,969.52p (Rupees Twenty Nine Lacs Eighty Two Thousand Nine Hundred Sixty Nine and Fifty Two Paise Only) with interest @8.25% per annum with monthly rests from 18.07.2023, 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 mortgaged property 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.

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Recovery Certificate be issued accordingly.

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Parties are directed to appear before Recovery Officer on 29.09.2026. 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: 28.08.2026 Presiding Officer DRT-1, Chandigarh

Jammu and Kashmir Bank Limited v. Mohammad Shafi Bhat

Case brief

What is this about?

What did the court decide?

Jammu and Kashmir Bank Limited v. Mohammad Shafi Bhat

Case brief

What is this about?

What did the court decide?

What the court decided

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