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2017 Supreme(J&K) 1035

R.SUDHAKAR, M.K.HANJURA
Kash-Ind Agro Infra Services – Appellant
Versus
J&K Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant : V.K. Ohri, Mohsin Qadri and Rudra Pratab, Adv.
For the Respondents:I.A. Sofi, Hanan, Advocates vice, Z.A. Shah, Sr. Advocate and S. Umar Farooq, G.A.

JUDGMENT :

M.K. Hanjura, J.

1. In this petition filed under Article 227 of the Constitution of India read with Section 104 of the Constitution of Jammu and Kashmir and Article 226 of the Constitution of India read with Section 103 of the Constitution of Jammu and Kashmir, the petitioner-firm has assailed the order dated 13th November, 2017 of the learned Principal District Judge, Srinagar, vide which the learned Principal District Judge, Srinagar has dismissed the application for condonation of delay, filed along with the application under Section 17 read with Section 17-A of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in brevity, the SARFAESI Act). The facts as these emerge from the study of the petition of the petitioner are that the petitioner after following due procedure and process, was awarded two separate and different contracts by the respondent No. 3-Food Corporation of India (in short, the FCI) for construction of two godowns under the Private Entrepreneur Guarantee Scheme, 2008 (PEG Scheme), one with the capacity of 20,000 MTs and the other with a capacity of 15,000 MTs). The PEG Scheme, inter alia, provided th

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