Abdul Qayoom vs Jammu And Kashmir
2021 Latest Caselaw 544 j&K

                                                             Sr. No. 104




      HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
                           (Through Virtual Mode)


                                            RFA No. 14/2021
                                            CM No. 3798/2021
                                            CM No. 3799/2021


Abdul Qayoom                                        .... Petitioner/Appellant(s)

                                Through:- Mr. Arshad Majid Malik,
                                          Advocate

                          V/s

Jammu and Kashmir                                           .....Respondent(s)
Grameen Bank Branch
Office Palam Rajouri

                                Through:-

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                                 ORDER

CM No. 3799/2021 Let the deficiencies be removed in terms of Circular No. 16/GS

dated 29.03.2020.

This application is disposed of as such.

RFA No. 14 /2021 CM No. 3798 /2021

01. Appellant submits that he has obtained loan of Rs. 4,50,000/- from

respondent-Bank and has already paid an amount of Rs. 2.00 lakh. The

respondent Bank has filed a suit for recovery of the amount alongwith

interest.

02. Vide order dated 23.03.2021, the trial court on request of both the

parties directed the case to be put up before the Lok Adalat.

03. On 10.04.2021, again on appellant's request, the case was put up

on 16.04.2021 for settlement. The trial court instead of listing the same

before Lok Adalat, without hearing the appellant, decided the suit and

pronounced the judgment.

04. A prima facie case for showing indulgence is made out.

05. Issue notice to the respondents, returnable within four weeks.

Requisites for the same within one week.

06. Scanned copy of the record be called for from the court below.

07. List on 09.07.2021.

08. Meanwhile, subject to objections and till next date, appellant shall

deposit 50% of the amount, the impugned Judgment and Decree dated

16.04.2021 passed by the learned Principal District Judge, Rajouri in File

No. 10/ Civil shall stay.

09. Alteration/Modification on laying motion.

(Sindhu Sharma) Judge JAMMU 03.05.2021 SUNIL-II