HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

WP(C) No.1515/2023

Reserved on: 15.06.2023

Pronounced on: 26.06.2023

M/s Ablum Electrical Industries through its

Proprietor Hashim Raza (aged 36years) S/o

Nissar Hussain Mir R/o Khanda-Chadoora

(Budgam).

…Petitioner.

Through:

Mr. ShaqirHaqani, Advocate.

Vs.

1. Authorised Officer, Cluster Head, J&K Bank,

Pulwama.

2. Jammu and Kashmir Bank Ltd., Corporate

Headquarters, M.A. Road, Srinagar through its

Secretary.

3. Chief Judicial Magistrate, Budgam.

….Respondents.

Through:

Mr. Z. A. Shah, Sr. Advocate, with

Mr. A. Hanan, Advocate.

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

J U D G M E N T

(N. Kotiswar Singh, CJ)

1.

The writ petition involves a seminal question of law as to whether

this Court in exercise of the writ jurisdiction under Article 226 of the

Constitution of India can intervene in a proceeding challenging an order

-2-

passed by the Chief Judicial Magistrate under Section 14 of the

Securitization and Reconstruction of Financial Assets and Enforcement

of Security Interest Act 2002, (for short SARFAESI Act)