Mohammad Maqbool Sheikh vs Hdfc Bank Branch Office Pulwama
2024 Latest Caselaw 1549 j&K/2

Jammu & Kashmir High Court - Srinagar Bench

Mohammad Maqbool Sheikh vs Hdfc Bank Branch Office Pulwama on 9 October, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                                  Serial No. 64
                                                                               Supplementary List

                      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                     AT SRINAGAR
                                           CM No. 6166/2024 in
                                           CM(M) No. 187/2023


           Mohammad Maqbool Sheikh
                                                                                  ..... Appellant(s)
                                                  Through: -
                                       Mr. Nisar Ahmad Bhat, Advocate

                                                      V/s
           HDFC Bank Branch Office Pulwama
                                                                               ..... Respondent(s)
                                                  Through: -

           CORAM:
                               Hon'ble Mr Justice Rahul Bharti, Judge.

                                                   ORDER

09.10.2024

By referring to the direction as given in the order dated 21.07.2023

passed by this Court thereby directing the petitioner to deposit Rs. 5.00

(five) lac with the executing court within a period of three weeks, learned

counsel for the petitioner/judgment debtor comes forward with an

application CM No. 6166/2024 stating therein that despite having complied

with the direction for deposit of Rs. 5.00 (five) lac with the executing court

of Sub Judge, Pulwama, still on behalf of the decree holder HDFC Bank

Branch, Pulwama, the petitioner is being harassed by repeated visits of the

employees and agents of the HDFC Bank, who in turn resort to intimidating

tactics and gestures in order to force the petitioner to liquidate the liability

notwithstanding execution proceedings pending in the court of law.

Therefore, the petitioner is seeking indulgence of this court for directing the

respondents not to engage in such extra legal measures against the petitioner.

Issue notice in this CM also to the non-applicant.

List this CM along with main case on 18.10.2024. Petitioner to

furnish registered postal cover within seven days for issuance of notice in

this CM also.

In the meantime, non-applicant/respondent is strictly directed not to

resort to any extra-legal measures at its end against the petitioner with

respect to recovery of the decretal amount for which execution petition is

pending disposal before the executing court of Sub Judge, Pulwama. This

order is, however, subject to objections from other side.

(Rahul Bharti) Judge SRINAGAR:

09.10.2024 "Mohammad Yasin Dar"