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HIGH COURT OF JAMMU AND KASHMIR
M/S GOGI MOTOR STORE TH MANOJ KUMAR JILKA – Appellant
Versus
CITIZEN CO-OPERATIVE BANK LTD TH KULDEP KUMAR GUPTA AND ANOTHER – Respondent
Certainly. Here is the list of key dates of events in chronological order:
23.07.2019: The respondent-Bank sanctioned the Cash Credit Limit (CCL) of Rs. 49.00 lacs to the petitioner (!) .
03.05.2023: The loan account was classified as Non-Performing Asset (NPA) (!) .
06.05.2023: The respondent-Bank issued a notice requesting the petitioner to regularize his account (!) .
20.07.2023: The Bank issued a notice under Section 13(2) of the SARFAESI Act calling upon the petitioner to repay Rs. 53,43,639/- (!) .
04.01.2024: The possession notice was published in the newspaper (!) .
16.02.2024: The District Magistrate directed the Tehsildar to take possession of the mortgaged property (!) .
23.02.2024: The petitioner was informed of the order passed under Section 14 of SARFAESI (!) .
28.03.2024: The notice for taking physical possession of the property was served upon the petitioner (!) .
16.12.2024: The first Tender-cum-Auction Notice was issued and published (!) .
17.06.2025: The final Tender-cum-Auction Notice was issued and published, initiating the auction process (!) .
18.06.2025: The edition of the newspaper in which the auction notice was published (!) .
25.06.2025: The petitioner deposited Rs. 2,00,000/- (!) .
21.07.2025: The petitioner deposited Rs. 1,00,000/- (!) .
23.07.2025: The petitioner deposited Rs. 1,36,000/- (!) .
09.12.2025: The judgment was pronounced (!) .
This sequence presents the chronological order of events relevant to the case.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. WP(C) No. 2274/2025 Reserved on: 20.11.2025 Pronounced on:-09.12.2025 Uploaded on:-09.12.2025 Whether the operative part or full judgment is pronounced M/s Gogi Motor Store …..Petitioner(s)
Through: Mr. D.S Chouhan, Advocate Mr. Ashish Sharma, Advocate Vs Citizen’s Co-operative Bank Ltd. And anr .…. Respondent(s)
Through: Mr. R.K Jain, Sr. Advocate with Mr. Paramveer Singh, Advocate Mr. Ajay Bakshi, Advocate CORAM: HON’BLE MRS.JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE (JUDGMENT)
Shahzad Azeem-J
1. The petitioner has invoked the extraordinary writ jurisdiction of this Court, thereby seeking quashment of Tender- cum-Auction Notice dated 17.06.2025 issued by respondent Nos. 1 & 2 and further seeking quashment of any consequential action by the respondents including the proceedings initiated in terms of
1 15 Section 13 (4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [the SARFAESI Act]. The petitioner also seeks a direction upon respondents No. 1 & 2 not to proceed against the secured assets in the shape of land falling under Khasra No. 786 min, 7
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