Authority: High Court of Jammu & Kashmir and Ladakh, Srinagar (Virtual Mode)
Order Date: 29 July 2026
Case Overview
- Petitioners: Mohammad Ishaq Pampori (73), his wife Fahmida (65), and son Danish Hussain Pampori (37), residents of Umer Colony, Lal Bazar, Srinagar.
- Respondents: Jammu and Kashmir Bank Ltd. (through its Chairman and various officers) and Tehsildar, Tehsil North, Srinagar.
- Petition sought a writ of certiorari under Article 226 to quash a notice dated 06‑01‑2023 issued under Section 13(4) of the SARFAESI Act and a mandamus to restrain possession of a commercial‑cum‑residential building (01 kanal 05 marlas, khasra no. 430, khewat no. 321, Moza Habbak, Tehsil North, Srinagar).
- Underlying facts: The Bank entered a lease of the Karra Building on 09‑08‑2008 for fifteen years with a renewal option; the lease could be terminated by one‑month notice or payment of one month’s rent. Rental was adjusted against a loan of Rs 48 Lakhs secured by a separate mortgaged property. The loan turned NPA; the Bank issued SARFAESI notices and took possession of the mortgaged property.
- Petitioners alleged premature lease termination on 14‑02‑2020, claiming it deprived them of means to repay the loan; the civil court initially granted status‑quo, later vacated, and the appellate court did not interfere.
Final Outcome
- The Court held that the lease agreement is a distinct contract unrelated to the loan security; the Bank’s action under the SARFAESI Act is lawful.
- No merit was found in the petition; it was dismissed, with the clarification that the order does not prejudice the parties’ rights in the pending civil suit.
Topics: SARFAESI Act, Bank Lease Dispute