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2021 Supreme(J&K) 108

VINOD CHATTERJI KOUL, PANKAJ MITHAL
Abdul Aziz Wani – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A. H. Furrahi, Advocate
For the Respondent: Mr. B.A. Dar, Sr. AAG

JUDGMENT :

1. An application has been moved seeking extension of time for annexing/depositing the requisite court fee with the writ petition. In view of the grounds urged therein, it is allowed. The petitioner shall deposit the requisite court fee with the Registry of this Court within a period of one month from the date Registry shall start working normally.

2. CM no. 3319/2021 stands disposed of accordingly.

3. Heard Shri A. H. Furrahi, learned counsel for the petitioner and Shri B. A. Dar, learned Sr. AAG appearing for the UT respondents.

4. The petitioner by means of this writ petition has inter alia challenged the proceedings for possession of the secured assets.

5. It appears that the petitioner is a borrower and had mortgaged some of his property to secure the loan. On account of the default in payment of the borrowed money proceedings were initiated against him under the securitization. Now the bank has approached to the District Magistrate under Section 14 of the SARFAESI Act for taking possession of the property.

6. The submission of the learned counsel for the petitioner is that the petitioner has not mortgaged the property in question and that the bank is trying to take posse

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