Jammu & Kashmir High Court - Srinagar Bench
Mohd Farooq Chechi vs Baramulla Central Co Opeartive Bank ... on 6 June, 2024
Bench: Chief Justice, Moksha Khajuria Kazmi
Sr. No.61
Supp-1
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CCP(D) No.57/2023 IN
[WP(C) No.1351/2023]
MOHD FAROOQ CHECHI ...Petitioner(s)/appellant(s)
Through: Mr. I. Sofi, Advocate
Vs.
BARAMULLA CENTRAL CO OPEARTIVE BANK LIMITED ...Respondent(s)
AND ORS.(SARFAESI MATTER)
Through: Mr. Sajid Ahmad, Advocate vice
Mr. M.Y. Bhat, Sr. Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
06.06.2024 Heard learned counsel for the petitioner.
This Court on 22.11.2022 had directed that no coercive action shall be taken against the petitioner. Learned counsel for the petitioner however submits that in spite of the order passed by this Court on 22.11.2023, the respondent-Bank proceeded to take possession of residential houses of the petitioner alleging violation of the Court order and in this regard has also filed contempt petition bearing CCP (D) No.57/2023 which is pending consideration before this Court wherein the authorities have taken a stand that they had already attached the property of the petitioner before passing of the interim order dated 22.11.2023. Be that as it may, we are not making any observation regarding the stand taken by the respondents.
In view of the statement made by the learned counsel for the petitioner that the residential houses of the petitioner have been attached and he has been thrown out of the said residential house where he was residing. In light of the judgment rendered by the Hon'ble Supreme Court in case titled Bank of Baroda Vs. Karwa Trading Company and Anr. 2022(5) SCC 168 We direct that even if, the Bank takes over the possession of the property as per the provisions of the SARFEASI Act, the same may be symbolic in nature and the petitioner who is the resident of the said houses shall be allowed to continue to remain in the house till further consideration of this matter by this Court.
List on 22.07.2024 along-with WP (C) No.1351/2023.
(MOKSHA KHAJURIA KAZMI) (N. KOTISWAR SINGH)
JUDGE CHIEF JUSTICE
SRINAGAR
06.06.2024
Aadil