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Serial No.43

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Case:- MA No.74/2025

CM No.8422/2025

Cav No.2386/2025

Jammu and Kashmir Bank Ltd.

…..Appellant(s)

Through: Mr. Ajay Gandotra, Advocate

Vs

Mujeen Ur Rehman & Ors. .….

Through: Mr. Azmat Ullah Parihar, Advocate

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(27.12.2025)

Cav No.2386/2025

With the appearance of learned counsel for the petitioner, caveat

stands discharged.

MA No.74/2025

1 The appellant-J&K Bank Limited has come to be arrayed

as defendant No.1 by the respondents No.1 & 2 in a civil

suit before the court of Principal District Judge, Ramban

whereby respondents No.1 & 2 being the guarantors of

respondent No.3-Hafiz Ur Rehman, who is real brother

of respondents No.1 & 2, for the bank loan availed from

the appellant herein to the tune of Rs.17,50,000/-

2 The respondents No.1 & 2 executed a bank guarantee

deed dated 29.12.2021

MA No.74/2025

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3 The principal borrower is said to have indulged in default

of payment of monthly installments, as a result thereof the

appellant resorted to its contractual empowerment drawn

from the deed of guarantee to recover the defaulted loan

installments from the bank accounts of respondents No.1

& 2.

4 The suit filed by the respondents No.1 & 2 is for recovery

of money, enforcement of guarantee and declaration.

5 In the civil suit, the respondents No.1 & 2 have asked for

the decree unto the principal borrower-respondent No.3-

Hafiz Ur Rehman to repay an amount of Rs.1,50,000/-

with interest @15% and also with a direction to the

appellant to recover the remaining loan amount from the

secured property of defendant No.2-Hafiz Ur Rehman

6 In addition, a mandatory injunction has also been sought

to be operative upon the appellant restraining it from

making any further deductions from the bank accounts of

the respondents No.1 & 2 unless and until all other legal

remedies against the principal borrower/defaulter, who is

respondent No.3-Hafiz Ur Rehman have been used.

7 The guarantee deed itself gives the right to the appellant to

effect the recovery whereas in the civil suit, the

respondents No.1 & 2 are attempting to re-write the terms

and conditions of the guarantee.

MA No.74/2025

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8 The court of Principal District Judge, Ramban by virtue of

an order dated 06.10.2025 has injuncted the appellant

from deducting any amount from the bank accounts of

respondents No.1 & 2 as a measure of recovery of

defaulted installments of loan amount for which the

respondents No.1 & 2 have stood guarantors.

9 Said order has left the appellant prejudiced in terms of its

right of recovery as per the contract of guarantee.

10 Issue notice in the main petition as well as in the CMP.

11 Issue notice to respondent No.3- Hafiz Ur Rehman only

12 In the meantime, operation of impugned order shall

remain stayed.

13 Send for the scanned record of civil suit from the court of

Principal District Judge, Ramban.

14 List on 07.02.2026

(RAHUL BHARTI)

JUDGE

JAMMU

27.12.2025

Sneha