Sajad Ahmad Dar vs Hdfc Bank Limited on 25 June, 2025

Jammu & Kashmir High Court – Srinagar Bench

Sajad Ahmad Dar vs Hdfc Bank Limited on 25 June, 2025

                                                                    Serial No. 18
                                                                    Suppl; Cause List.


    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR
                              CRM (M) No. 346/2025
                               CrlM No. 822/2025

      SAJAD AHMAD DAR
                                                                 ...Petitioner(s)
             Through:     Mr. Altaf Mehraj, Advocate.
                                        VERSUS

      HDFC BANK LIMITED.

             Through      Mr. Taha Khaleel, Advocate.
                                                                ...Respondent(s)
CORAM:
   HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE.
                                   ORDER

25.06.2025

The petitioner has invoked the jurisdiction of this Court under Section 528

of BNSS seeking quashment of complaint titled “HDFC Bank Limited Vs. Sajad

Ahmad Dar” pending adjudication before the learned court of Judicial Magistrate

1st Class (City Judge), Srinagar along with the order of cognizance dated

05.12.2020 and also order dated 03.03.2023 passed in an application under

Section 143-A of the Negotiable Instruments Act, 1881.

The main plank of the arguments of the learned counsel for the petitioner is

that the respondent-Bank was required under law to resort to the provisions of

SARAESI Act, so as to realize the amount if any out of secured assets, in the shape

of land mortgage with the Bank. It is further submitted by the learned counsel for

the petitioner that the Bank has stretched too far and even resorted to arbitration

proceedings as well. While concluding the arguments, he has submitted that after

resorting to the remedy of arbitration and not availing the statutory remedy
available under the SARFAESI Act, the respondent-Bank under law cannot fall

back on the remedy as available under the Negotiable Instruments Act.

At this stage, Mr. Taha Khaleel, learned counsel has entered appearance on

behalf of the respondents and on asking of the Court submits that the petitioner

has called in question the proceedings and subsequent orders passed by the learned

trial court under the Negotiable Instruments Act, just to stall the proceedings by

suppressing the facts. In this regard, he has produced order dated 13.03.2025 and

the same is taken on record. In terms of the said order, the learned trial court in all

its magnanimity provided an opportunity to the petitioner to deposit an amount of

Rs. 1,00,000/- out of Rs. 3,00,000/- awarded as interim compensation. It appears

that the petitioner, although has been granted an opportunity to deposit an amount

of Rs. 1,00,000/- out of total interim compensation of Rs. 3,00,000/- but the

petitioner had not deposited the same till date and now has invoked the jurisdiction

of this Court, just to circumvent the orders, passed way back on 05.12.2020 and

03.03.2023, respectively.

The petition is also accompanied by the application seeking interim relief

for staying the proceedings of the complaint titled “HDFC Bank Limited Vs. Sajad

Ahmad Dar” pending before the learned Court of City Judge, Srinagar.

Issue notice in the main petition. At this stage, Mr. Taha Khaleel, learned

counsel accepts notice on behalf of the respondents. He seeks and is granted four

weeks’ time to file objections.

In view of the countervailing circumstances, the discretionary relief at this

stage cannot be granted to the petitioner that too after a deep slumber and when

petitioner was not diligent to pursue the remedy with promptitude, as such no case
is made out for interim relief and application for ad-interim relief is accordingly

rejected.

CrlM No. 822/2025 is dismissed.

Main case be listed on 18th of August, 2025.

(Shahzad Azeem)
Judge

SRINAGAR
25.06.2025.

Showkat Khan