Dismissed

Sri Gafar Ahmed v. the Jammu and Kashmir Bank Limited

Karnataka HC10 Nov 2022WP/21572/2022

Case brief

AI extract

What is this about?

Petitioners sought to quash an order restricting properties and directed the bank to release charge. The Court held the dispute concerns mortgage recovery and directed petitioners to approach the Debt Recovery Tribunal.

What did the court decide?

Petition dismissed with direction to approach the Debt Recovery Tribunal for redressal of grievances regarding mortgage loan.

Sri Gafar Ahmed Vs the Jammu and Kashmir Bank Limited — Banking and Recovery | Karnataka HC (2022)

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WP No. 21572 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21572 OF 2022 (GM-RES)

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BETWEEN:

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SRI. GAFAR AHMED, S/O SRI. CHAND PASHA, AGED ABOUT 41 YEARS, R/AT F-1, SECOND FLOOR, NO.9, LOKESH TENT ROAD, BEHIND BANASWADI RAILWY STATION, MUNITHAYAPPA LAYOUT, LINGARAJAPURAM, BANGALORE - 560 084.

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SRI. A. ZAHEER AHMED, S/O SRI. A. MOHAMMED KHALEEL, AGED ABOUT 56 YEARS,

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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SMT. A.Z. SHAHEEN BANU, W/O SRI. A. ZAHEER AHMED, AGED ABOUT 50 YEARS, PETITIONER NO.2 AND 3 ARE R/AT NO.24, 1^ST FLOOR, 2^ND CROSS, P AND T COLONY, VENKATESHAPURAM, BANGALORE - 560 045.

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SRI. NASEEM AMED, S/O LATE SRI. MOHAMMED ILYAS, AGED ABOUT 57 YEARS,

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WP No. 21572 of 2022

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SMT. SHAKILA BANU, W/O SRI. NASEEM AHMED, AGED ABOUT 50 YEARS, PETITIONER NO.4 AND 5 ARE R/AT NO.12, MOSQUE ROAD, FRAZER TOWN, BANGALORE – 560 005.

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SRI. ARIF PASHA, S/O SRI. ABDUL HAMEED, AGED ABOUT 47 YEARS, R/AT NO. 258, LAXSHMI DEVI NAGAR, III BLOCK, MAGADI TALUK, KUDUR – 561 101.

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SRI. OMER FAROOK SAIT, S/O SRI. IQBAL SAIT, AGED ABOUT 44 YEARS, R/AT TF-301, 3^RD FLOOR, BELLA VISTA, 6^TH CROSS, HUTCHINS ROAD, ST. THOMAS TOWN, BANGALORE – 560 084.

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SRI. BAIDER ALI SHEREEF, S/O SRI. M.H. SHEREEF, R/AT NO.10, LIC COLONY, YESHWANTHPUR, BANGALORE – 560 022.

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…PETITIONERS

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(BY SRI. SUHAIB FAZEEL M.,ADVOCATE)

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WP No. 21572 of 2022

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AND:

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THE JAMMU & KASHMIR BANK LIMITED, HAVING ITS REGISTERED OFFICE AT MAULANA AZAD ROAD, SRINAGAR - 190 001. AND BUSINESS UNIT AMONGST OTHER PLACES AT FRAZER TOWN BRANCH, GROUND FLOOR, GOLD SIGNATURE, # 95, MOSQUE ROAD, FRAZER TOWN, BENGALURU – 560 005. REPRESENTED BY ITS DULY CONSTITUTED ATTORNEY MR.FARID AHMED KHAN, REGISTERED UNDER INDIAN COMPANIES ACT, 1971.

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SRI. AJMAL SHAIK, SON OF SRI. S.A. AHMED, AGED ABOUT 47 YEARS,

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SMT. SALMA, W/O SRI. AJMAL SHAIK, AGED ABOUT 47 YEARS, RESPONDENT NO.2 AND 3 ARE R/AT FLAT NO.402, ’AJ MUNEERA ENCLAVE’, NO.59, 1^ST CROSS, SIDDHARAMAPPA GARDEN, ST. THOMAS TOWN POST, LINGARAJAPURAM, BENGALURU - 560 084.

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M/S. A .J. DEVELOPERS, A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.401, A.J. MUNEERA ENCLAVE, NO.59, 1^ST CROSS,

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WP No. 21572 of 2022

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SIDDHARAMAPPA GARDEN, ST. THOMAS TOWN POST, LINGARAJAPURAM, BENGALURU - 560 084. REPRESENTED BY ITS PARTNER SRI. AJMAL SHAIK, REGISTERED UNDER REGISTRAR OF COMPANIES, 2013.

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…RESPONDENTS

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(BY SRI. M MOHAMED IBRAHIM.,ADVOCATE FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER DATED 23-09-2022 PASSED IN C.MISC.NO.50416/2022 BY THE LEARNED XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN RESPECT OF SCHEDULE B TO G PROPERTIES WHICH HAS BEEN PRODUCED AS ANNEXURE – F AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking the following

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prayer:

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" a) Issue Writ of Certiorari or any appropriate writ or order to quash Impugned Order dated 23/09/2022 passed in C.Misc.No.50416/2022 by the learned XI Additional Chief Metropolitan Magistrate, Bangalore in

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WP No. 21572 of 2022

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respect of Schedule 'B' to 'G' Properties which has been produced as ANNEXURE-F;

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b) Issue a writ in the nature of mandamus and direct the Respondent No.1 to release charge and issue NOC in respect of Schedule 'B' to 'G' Properties by receiving mortgage loan due as per Petitioners undivided share in the Schedule 'A' Property and restore/handover the physical possession of the schedule 'B' to 'G' Properties to the Petitioners;

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c) to pass any such order or direction as deems fit under the facts and circumstances of the case in the interest of justice and equity."

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This Court had issued notice to the respondents.

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The learned counsel appearing for respondent No.1, Sri. Mohammed Ibrahim would submit that the petitioners are purchasers from the hands of the borrower, who has sold the property after it having been mortgaged to the Jammu and Kashmir Bank Limited, the respondent.

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In the light of the issue being thus, the remedy for the petitioners would lie only before the Debt Recovery Tribunal.

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It is open for the petitioners to approach the Tribunal for redressal of their grievances.

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WP No. 21572 of 2022

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It is needless to observe that the Debt Recovery

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Tribunal would consider the application filed by the petitioners in a manner known to law and pass appropriate orders in accordance with law.

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With the aforesaid observations, the petition stands

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disposed.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 13

Sri Gafar Ahmed v. the Jammu and Kashmir Bank Limited

Case brief

What is this about?

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Sri Gafar Ahmed v. the Jammu and Kashmir Bank Limited

Case brief

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