JAMMU AND KASHMIR BANK LIMITED vs M/S MILK BAR on 9 July 2026

ORDER

1. On 17.11.2021, Jammu and Kashmir Bank Limited, filed the suit for the recovery of ₹34,65,565.20p with interest against M/S Milk Bar Chanapora and another (defendants) in the District Court Srinagar. However, vide order dated 20.02.2023, Additional District Judge, (Bank Cases), Srinagar, transferred this suit to DRT-I, Chandigarh.

2. Bank’s case is that on 18.07.2019, it had granted a loan of ₹25.00 Lacs to defendant No.1 through its proprietor defendant no.2 in the form of T.O.D. (Temporary Overdraft) Facility for business purpose. The loan was chargeable to interest @15.35% per annum with monthly rests. On 30.11.2019, a sum of ₹34,65,565.20p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, the suit.

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3. On 18.07.2024, the Defendants were supplied complete paper book and were directed to file the written statement within thirty days. Later on 05.12.2024, the defendants were summoned for the purpose of admission and denial of the documents. However, they neither not put in appearance nor filed their written statement and failed the opportunity of admission and denial.

4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Jaweed Ahmad, Associate Executive Law, 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 ₹25.00 Lacs and on 30.11.2019, a sum of ₹34,65,565.20p was due.

6. Accordingly, the case of the bank for the recovery of ₹34,65,565.20p (Rupees Thirty Four Lacs Sixty Five Thousand Five Hundred Sixty Five and Paise Twenty Only) with interest @15.35% per annum with monthly rests from 17.11.2021, till the date of payment is hereby allowed with costs. The liability of both the defendants would be joint and several. Bank can recover its dues by the sale of personal movable and immovable property(ies) of the defendants.

7. Pending IAs, if any, stand disposed of.

8. Recovery Certificate be issued accordingly.

9. Parties are directed to appear before Recovery Officer on 11.08.2026, who is directed to distribute the sale proceeds 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: 09.07.2026 Presiding Officer DRT-1, Chandigarh MANOJ KALRA