Debts Recovery Tribunals and Appellate Tribunals
JAMMU AND KASHMIR BANK LIMITED vs M/S BHAT PROVISION STORE on 9 June 2026
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
TA No: 146 of 2023
Date of Institution: 18.11.2019
Date of Decision: 09.06.2026
Jammu & Kashmir Bank Ltd. having a branch at Business Unit, Brein, Nishat, Srinagar.
……..Applicant
Vs.
1. M/s Bhat Provision Store, proprietor :- Abdul Majid Bhat s/o Abdul Salam Bhat, r/o Gupkar, Nishat, Srinagar.
2. Abdul Majid Bhat s/o Abdul Salam Bhat, r/o Gupkar, Nishat, Srinagar.
3. Manzoor Ahmad Shah s/o Mohammad Amin Shah, r/o Nishat, Srinagar.
4. Aijaz Ahmed Bhat s/o Abdul Majid Bhat, r/o Nishat, Srinagar.
5. Abdul Salam Bhat now deceased represented in the suit by his legal heirs:-
i.
Mohammad Abdullah Bhat
ii.
Ghulam Nabi Bhat
iii.
Nazir Ahmed Bhat
(i to iii. Sons of Late Abdul Salam Bhat, all residents of Gupkar, Nishat, Srinagar.)
iv.
Abdul Ahad Bhat s/o Abdul Salam Bhat r/o Gousia Colony, Illahi Bagh, Buchpora, Srinagar.
v.
Maryam Jan d/o Abdul Salam Bhat w/o Mohammad Yasin Akhoon, r/o Syed Colony, Nishat.
6. Nasir Ahmed Bhat s/o Abdul Ahad Bhat r/o Nasir Decorators, Brein, Nishat, Srinagar.
7. Adil Bashir Sheikh s/o Bashir Ahmed Sheikh s/o Old Nishat c/o Imran Provision Store, Syed Rehman Sahib, Bazar, Brein, Srinagar.
……….Defendants
Advocates
Sh. Sukhvinder Singh proxy counsel for Sh. Sumit Batra, Counsel for the applicant bank.
Defendants - ex parte.
TA for the Recovery of Rs.34,81,118.90p with interest from 18.11.2019.
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ORDER
1. On 18.11.2019, Jammu & Kashmir Bank, filed the suit for the recovery of Rs.34,81,118.90p with interest against M/s Bhat Provision and others (defendants) in the Civil Court, Srinagar. However, vide order dated 12.12.2022, this suit was transferred by the Court of Additional District Judge (Bank cases), Srinagar, to DRT-I, Chandigarh.
2. Bank’s case is that on 21.09.1991, it had granted a loan of Rs.0.45Lacs in the form of C.C Limit to Defendant nos. 1 and 2, enhanced/renewed from time to time and lastly for Rs.16.00Lacs on 09.10.2015 for business purpose. To secure the loan, Defendant no. 5 had mortgaged his property (fully detailed in para No.14 of the plaint). Defendant nos. 3 to 5 stood as the guarantors for the C.C. Limit. The loan was chargeable to interest @13% per annum with monthly rests. On 31.10.2019, a total sum of Rs.34,81,118.90p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, the suit. 2A) On 02.04.2015, Bank had granted a loan of Rs.5.00Lacs in the form of Consumption Loan to Defendant no. 2 under Saral Sholiat Scheme for the renovation of house. The loan was chargeable to interest @16.25% per annum. Defendant nos. 6 and 7 stood as the guarantors for the said limit.
3. The Civil Court sent summonses to the defendants which were duly served. After receiving the file by transfer from Jammu, this Tribunal sent summonses to the defendants by registered post on 29.03.2023, which were duly served. However, defendants did not put in appearance and vide order dated 04.09.2024, they were proceeded ex parte.
4. The record shows that the defendant nos. 1, 2 and Legal heirs of Defendant no. 5 filed written statement before the Civil Court. They have alleged that the business of Defendant no.2 suffered loss of Rs.35.00Lacs due to floods in 2014; the documents executed are now expired as they were executed on 30.01.1993; the mortgaged land of Abdul Salam Bhat is in the possession of his Legal Heirs; the bank used delaying tactics and the facility was not sanctioned on time. The defendants have neither appeared before the Tribunal nor filed any written statement.
5. In order to prove its case, the Bank has placed on record the affidavit of Mr. Jaweed Ahmed Shera, Executive Law, along with the original loan and security documents.
6. I have perused the evidence on the record. I am of the considered view that the Bank has proved its case that it had advanced the loans under various and On 31.10.2019, an amount of Rs. 26,16,292.90p was due in the CC Account and Rs.8,64,826/- was due in the Consumption Loan Account, total sum of Rs.34,81,118.90p was due.
7. Accordingly, the case of the bank for the recovery of Rs.34,81,118.90p (Rupees Thirty Four Lacs Eighty One Thousand One Hundred and Eighteen and Ninety Paise Only) with interest @16.25% per annum with monthly rests from 18.11.2019, till the date of payment is hereby allowed with costs. Defendant nos. 1, 2, 3, 4 and 5 (since deceased represented through his Legal Heirs) would be liable to pay the amount due in CC Limit account. Defendant nos. 2, 6 and 7 would be liable for the amount dues in the Consumption Loan account. The liability of the Legal Heirs of Defendant no. 5 would be to the extent of property inherited by them from Abdul Salam Bhat (now deceased). Bank can recover its dues by the sale of mortgaged property (fully detailed in para No.14 of the plaint) as well as from the personal movable and immovable property(ies) of all the defendants except Defendant no. 5 (now deceased).
8. Pending IAs, if any, stand disposed of.
9. Recovery Certificate be issued accordingly.
10. Parties are directed to appear before Recovery Officer on 13.07.2026, who is directed to distribute the sale proceeds of the mortgage property and hypothecated assets as per the provisions of Section 19(20-AB) of the Act.
11. A Copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties.
Pronounced in the open court.
(A S Narang) Dated: 09.06.2026 Presiding Officer DRT-1, Chandigarh