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2024 Supreme(J&K) 219

JAVED IQBAL WANI
Jammu and Kashmir Bank Ltd. , Through Drub Raj Sharma – Appellant
Versus
Golden Globe Impex Private Limited, Through its Managing Director/Director – Respondent


Advocates Appeared:
For the Appellant : Mr. Abhinav Sharma with Mr. Abhirash Sharma.
For the Respondents: Mr. Sunil Sethi, Sr. Adv. with Ms. Zoya Bhardwaj.

ORDER :

1. Supervisory Jurisdiction of this Court is being invoked by the Jammu & Kashmir Bank the petitioner herein (for short “the Bank”) seeking quashment of order dated 03.03.2022 passed by the court of Additional District Judge (Commercial Court), Jammu (for short “the trial court”).

2. Facts emerging from the record would reveal that the petitioner herein being plaintiff filed a suit against the respondents herein for recovery of an amount of Rs. 21,23,99,541.48/- on the premise that the defendant 1 being a Company and defendants 2 and 3 its Directors being respondents herein availed a loan/cash credit facility from the Bank and in furtherance thereof executed multiple documents including personal guarantee for repayment of the loan as also hypothecated the Company’s assets including the plant and machinery (present and future), stocks and book debts with the bank as well as mortgaged the immovable properties standing in the name of defendant 2 as a security for the payment of the said loan amount.

It also came to be stated in the plaint by the bank that the defendants-respondents herein availed the loan/cash credit facility as per the terms and conditions jointly and severall

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