NAZIR AHMAD SOFI Vs. CHAIRMAN J&K
LAWS(J&K)-2020-10-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 09,2020

Nazir Ahmad Sofi Appellant
VERSUS
Chairman JAndK Respondents

JUDGEMENT

Sanjeev Kumar,J. - (1.)This appeal by the appellant is directed against an order passed by Principal District Judge, Anantnag (the trial court) on 19.11.2018 in an application filed for grant of temporary injunction in a suit for declaration and injunction titled Nazir Ahmed Sofi versus Chairman J &K Bank Limited and others.
(2.)With a view to appreciate the grounds of challenge projected by the appellant to assail the impugned order, it would be necessary to briefly notice few facts.
(3.)The appellant (plaintiff before the trial court) approached the respondent bank in the year 2010 for sanction of loan in the shape of cash credit facility in his favour. The respondent bank after verifying the assets of the business and other properties of the appellant sanctioned a cash credit facility to the tune of Rs.16.00 lakh and the same was secured by a mortgage and hypothecation deed as also third party guarantee. The respondents 5 and 6 stood as guarantors of the appellant with respect to the cash credit facility (loan) granted in his favour.
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