Jammu & Kashmir High Court - Srinagar Bench
M/S Hotel Alpine Ridge And Ors vs Union Of India And Ors on 20 September, 2023
Bench: Chief Justice, Moksha Khajuria Kazmi
Sr. No.17
Supp
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 2429/2023
M/s Hotel Alpine ridge and Ors. ...Petitioner(s)/appellant(s)
Through: Mr. Arif Sikander, Advocate
Vs.
Union of India and Ors. ...Respondent(s)
Through: Mr. T. M. Shamsi, DSGI
Mr. Palav Saxena, Advocate (through VC)
Mr. Abu Bakar Pandith, Advocate
Mr. Arsalan Abid, Advoate
Mr. Prateek Khaitan, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
20-09-2023 We have intervened in matters where actions have been taken by the secured institutions under the SARFAESI Act only on the issue of unavailability of efficacious remedy. We are not entering into merit of any of the claims otherwise before this Court.
Mr. T. M. Shamsi, learned DSGI, on instructions has placed before us a communication received from the Ministry of Finance Government of India dated 18.09.2023 that matter relating to issue of availability of efficacious remedy is being looked into by the Department and accordingly requested that a time of four week's time be granted for filing a reply.
In view of above, we defer the matter.
In this case, as there is already a status quo order passed by this Court in WP(C)2325/2023 titled Ms. K. B. Labs Vs. Jammu and Kashmir Bank Ltd. and Ors. who is the main borrower, it may not require to pass any interim order in this case.
Mr. Syed Arsalan, learned counsel for the respondents will also mention the list of those similar cases for listing on 30.10.2023.
List on 30.10.2023.
(MOKSHA KHAJURIA KAZMI) (N.KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
SRINAGAR
20-09-2023
Aadil