Debts Recovery Tribunals and Appellate Tribunals
JAMMU AND KASHMIR BANK LIMITED vs HAJI MOHAMMAD SULTAN SOFI on 24 June 2026
IN THE DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
BEFORE: A S NARANG, PRESIDING OFFICER
TA No: 168/2023
Date of Institution: 29.06.2017
Date of Decision: 24.06.2026
Jammu and Kashmir Bank Limited Branch Office/Business Unit at Pantha Chowk Srinagar.
……..Applicant
Vs.
1. Haji Mohammad Sultan Sofi s/o Haji Abdul Rehman Sofi, since deceased now represented through his following legal heirs:
i.
Haleema w/o Late Mohammad Sultan Sofi, r/o Sumerbugh, Lasjan Srinagar.
ii.
Javid Ahmad Sofi s/o Late Mohammad Sultan Sofi, r/o Sumerbugh, Lasjan Srinagar.
iii.
Jahangir Ahmad s/o Sofi Late Mohammad Sultan Sofi, r/o Sumerbugh, Lasjan Srinagar.
iv.
Afroza w/o Mohd Shafi, d/o Late Mohammad Sultan Sofi, r/o Iva Bridge, Eidgah, Srinagar.
v.
Suraya w/o Adil Salaria d/o Late Mohammad Sultan Sofi, r/o Bagi Bahu, Jammu.
……….Defendants
Advocates
Mr. Nonish Kumar proxy counsel for Sh. P.S. Sobti, Counsel for the applicant bank.
Defendants- ex parte vide order dated 14.10.2024.
TA for the Recovery of ₹25,09,669.80p with interest @15% per annum with monthly rests from 29.06.2017.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
1. On 29.06.2017, Jammu and Kashmir Bank Limited, filed the suit for the recovery of ₹25,09,669.80p with interest against Haji Mohammad Sultan Sofi since deceased, now represented by his Legal Heirs (defendants) in the Court of Principal District and Sessions Judge, Srinagar. However, vide order dated 16.11.2022, Additional District Judge, (Bank Cases), Srinagar transferred this suit was to DRT-I, Chandigarh.
2. Deceased defendant was the proprietor of the firm named M/s Haji Mohammad Sultan Sofi and running the business of supply of building materials. Bank’s case is that on 19.11.2011, it had granted a loan of ₹10.00 Lacs to deceased defendant in the form of C.C Limit for business purpose. To secure the loan, deceased defendant had mortgaged his property and hypothecated assets (fully detailed in para No.4 of the plaint). On 15.12.2012, at the request of the deceased defendant, bank enhanced the existing C.C. Limit from ₹10.00 Lacs to ₹19.00 Lacs. To secure the enhanced limit, deceased defendant extended charge over the mortgaged property (fully detailed in para No.11 of the application). The loan was chargeable to interest @15% per annum with monthly rests. On 31.03.2017, a sum of ₹25,09,669.80p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, the suit.
3. The Civil Court sent summonses to the defendants/Legal Heirs by registered post, which were duly served. After transfer of this suit, summonses were sent to the defendants/Legal Heirs which were duly served. However, they did not put in appearance. Vide order dated 14.10.2024, they were proceeded ex parte.
4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Shoiab Ramzan Rather, Associate Executive, along with the original loan and security documents.
5. 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 loan of ₹19.00 Lacs and on 31.03.2017, a sum of ₹25,09,669.80p was due.
6. Accordingly, the case of the bank for the recovery of ₹25,09,669.80p (Rupees Twenty Five Lacs Nine Thousand Six Hundred Sixty Nine and Paise Eighty Only) with interest @15% per annum with monthly rests from 29.06.2017, till the date of payment is hereby allowed with costs. The liability of the legal heirs of Mr. Haji Mohammad Sultan Sofi would be limited to extent of the property(ies) inherited by them from Mr. Haji Mohammad Sultan Sofi. Bank can recover its dues by the sale of mortgaged property(ies) fully detailed in para Nos.4 and 11 of the plaint as well as from the movable and immovable property(ies) inherited by the legal heirs from Mr. Haji Mohammad Sultan Sofi.
7. Pending IAs, if any, stand disposed of.
8. Recovery Certificate be issued accordingly.
9. Parties are directed to appear before Recovery Officer on 27.07.2026, who is directed to distribute the sale proceeds of the mortgaged property(ies) and hypothecated assets as per the provisions of Section 19(20-AB) of the Act.
10. 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: 24.06.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA