Disposed

Narinder Pal Singh v. the Jammu and Kashmir Bank Ltd. Th Branch Manager

J&K HC6 Sept 2021WP(C)/1842/2021

Case brief

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What is this about?

In the absence of a Debt Recovery Tribunal in the Union Territory of Jammu and Kashmir following the abrogation of Article 370, the Court exercised writ jurisdiction to direct the bank to expeditiously consider the petitioner's objections to SARFAESI notices instead of deciding the merits immediately.

What did the court decide?

Directed the respondent-Bank to consider the petitioner's objections in accordance with law within one month before proceeding further in the matter.

Narinder Pal Singh Vs the Jammu and Kashmir… — Contract and Commercial Disputes | J&K HC (2021)

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Sr. No. 55

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: WP(C) No. 1842 of 2021

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Narinder Pal Singh

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…Petitioner(s)/Appellant(s)

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Through: Sh. Suresh Kumar, Advocate.

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V/s

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The Jammu and Kashmir Bank Limited and others

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…. Respondent(s)

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Through: Sh. Sanchit Verma, Advocate.

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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The petitioner has come up in this writ petition for quashing of the notices under Sections 13(2) and 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act) dated 24.04.2021 and 24.08.2021 respectively.

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The submission of learned counsel for the petitioner is that his account has been wrongly declared as NPA inasmuch as the petitioner had been regularly paying the instalments and that till date he has already paid ₹ 6,64,000/- and default as per the schedule of repayment is only to the tune of ₹ 1,44,000/-.

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Ordinarily, the notices issued under Sections 13(2) and (4) of the SARFAESI Act are not amenable to the writ jurisdiction but as in the Union

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Territory of Jammu and Kashmir, there is no Debit Recovery Tribunal and the provision of Section 17 A of the Act which provided for a forum before the District Judge stands superseded with the abrogation of Article 370, the petitioner is left with no other option but to approach this court.

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The petitioner in response to the above notices which have been impugned in this petition has raised objections on 18.08.2021 and 25.08.2021.

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In view of the aforesaid facts and circumstances, instead of going into the merits as to whether the account of the petitioner has rightly been declared to be NPA or whether adjustments have been made of the amount deposited by the petitioner, we dispose of the writ petition with a direction to the respondent-Bank to consider the above objections of the petitioner in accordance with law most expeditiously preferably within one month before proceeding ahead in the matter.

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The writ petition is disposed of accordingly.

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(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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Jammu 06.09.2021 Sunita

Narinder Pal Singh v. the Jammu and Kashmir Bank Ltd. Th Branch Manager

Case brief

What is this about?

What did the court decide?

Narinder Pal Singh v. the Jammu and Kashmir Bank Ltd. Th Branch Manager

Case brief

What is this about?

What did the court decide?

What the court decided

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