Allowed

Jammu and Kashmir Bank Limited v. Nazir Ahmad Kumar

DRT19 Jun 2026TA/319/2023

Case brief

AI extract

What is this about?

In ex parte proceedings, the Debt Recovery Tribunal allowed the bank's application for the recovery of an outstanding loan of Rs. 20.52 lakhs plus interest, establishing joint and several liability of the borrowers and guarantors, and ordered the issuance of a recovery certificate and sale of mortgaged property.

What did the court decide?

Recovery of Rs. 20,52,503/- with interest; issuance of recovery certificate; sale of mortgaged property and hypothecated assets.

Jammu and Kashmir Bank Limited versus Nazir 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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TA No: 319/2023

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Date of Institution: 21.10.2020

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Date of Decision: 19.06.2026

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Jammu & Kashmir Bank Ltd B/u Tehsil Premises Baramulla

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……..Applicant

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Vs.

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Nazir Ahmad Kumar, S/o Abdul Rehman Kumar, R/o Kumar Mohalla Khanpora Baramulla. Prop. Of M/s Nazir Ahmad Kumar.

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Mst. Lassi Begum, W/o Abdul Rehman Kumar, R/o Khanpora Baramulla.

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Tariq Ahmad Deedar, S/o Ghulam Mohammad Deedar, R/o Near Malik Bagh Masjid Sharief Katiawaley Baramulla.

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Irshad Ahmad Malla, S/o Abdul Gafar Malla, R/o Chinghama Rohamma Baramulla.

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……….Defendants

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Advocates

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Mr. Rishav Gupta, proxy Counsel for Mr. Vivek Verma, Counsel for the applicant bank.

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Defendants – ex parte.

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TA for the Recovery of Rs.20,52,503/- with interest @10.75% per annum with half yearly rests from 21.10.2020.

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ORDER

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Jammu & Kashmir Bank filed the suit for the recovery of Rs.20,52,503/with interest against Sh. Nazir Ahmad Kumar and others (defendants) in the Ld. Principal District Judge, Baramulla. However, vide order dated 02.08.2023, this suit was transferred by the Court of Principal District Judge, Baramulla to DRT-1, Chandigarh.

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Bank’s case is that on 10.08.2017, it had granted a C.C. Limit of Rs.17.00 lacs to Defendant No.1 under Fruit Advances (Apple Scheme) for carrying out the business of growing and marketing of Apples against the hypothecation of all apples in trade from time to time. To secure the loan, Defendant No.2 had mortgaged her land measuring 10 Marlas under Khewat No.444, Khata No.1946 and Khasra No.2467/1405 min along with house existing thereupon (fully detailed

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in para No.5 of the plaint). Defendant No.3 and 4 had stood guarantors. The loan was chargeable to interest @10.75%. On 30.09.2020, a sum of Rs.20,52,503/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this suit.

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On 30.01.2024, this Tribunal sent summonses to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 25.08.2025, 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. Mohammad Yousuf Dar, Executive Manager Law along with the loan and original security documents.

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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.17.00 lacs and on 30.09.2020, a sum of Rs.20,52,503/- was due.

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Accordingly, the application of the bank for the recovery of Rs.20,52,503/(Rupees Twenty Lacs Fifty Two Thousand Five Hundred and Three Only) with interest @10.75% per annum with half yearly rests from 21.10.2020, 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 measuring 10 Marlas under Khewat No.444, Khata No.1946 and Khasra No.2467/1405 min along with house existing thereupon fully detailed in para No.5 of the plaint and hypothecation of all apples in trade from time to time 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 20.07.2026, who is directed to distribute the sale proceeds of the mortgaged property(ies) as per the provisions of Section 19(20-AB) of the Act .

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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: 19.06.2026 Presiding Officer HARSH DRT-1, Chandigarh

Jammu and Kashmir Bank Limited v. Nazir Ahmad Kumar

Case brief

What is this about?

What did the court decide?

Jammu and Kashmir Bank Limited v. Nazir Ahmad Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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