S. No. 40

Supplementary List

HIGH COURT 0F JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CM(M) No. 305/2022

CM No. 7489/2022

Mohammad Yousuf Wani

…Petitioner(s)/Appellant(s)

Through: Mr Ahmad Javid, Adv.

Vs.

Chairman Jammu & Kashmir Bank Limited

& ors.

...Respondent(s)

Through: Mr M. A. Dendroo, Adv.

CORAM:HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

HON’BLE MR. JUSTICE MOHAN LAL, JUDGE

ORDER

08.02.2023

In this petition, the petitioner has impugned the Order dated

03.10.2022, passed by the Chief Judicial Magistrate Shopian, in

terms of Section 14 of Securitization and Reconstruction of

Financial and Enforcement of Financial Assets and Enforcement of

Security Interest Act, 2002.

Learned counsel for the petitioner submits that the

possession of the secured assets regarding which the order

impugned has been passed, has been taken over by the respondents

and the petitioner has also approached the Debit recovery

Tribunal-I Chandigarh (DRT) in terms of Section 17 of the Act

supra. Viewed thus, nothing survives for adjudication. The

petitioner shall be at liberty to raise all the defences, as available

under law, before the DRT.

Dis