SYED ABDUL HAMID BHAT Vs. J&K YATEEM FOUNDATION

JUDGEMENT

(1.) This Civil Miscellaneous Appeal filed under Order 43 of the Code of Civil Procedure, is directed against an order dtd. 12/9/2023, passed by the learned 4th Additional District Judge, Srinagar [for short 'the Trial Court"] in the civil suit titled 'Jammu and Kashmir Yateeem Foundation VS Jammu and Kashmir Bank and Others'.

(2.) Briefly put, the facts leading to the filing of this appeal by the appellant (Respondent No. 9 in the suit) are that, a suit in the name of Jammu and Kashmir Yateem Foundation through its Chairman Mohammad Ahsan Rather was filed against the Jammu and Kashmir Bank and Others, in the Trial Court on 27/12/2021. The Respondent No. 1 (Plaintiff in the suit) also filed along with the suit, an application for an interim injunction for allowing him to operate various bank accounts opened in the name of Jammu and Kashmir Yateem Foundation at different branches of the Jammu and Kashmir Bank as well as in the branches of Axis bank, State Bank of India, etc., etc.

(3.) As is projected before this Court the plaintiff was forced to institute a suit when he was confronted with an email dtd. 13/12/2020, issued by the Jammu and Kashmir Bank for submission of 'Know Your Customer (KYC)' particulars. It may be noted that when the suit was initially instituted, the appellant was not arrayed as a defendant. It is only after an application in this regard was made by the applicant, he was arrayed as party defendant No. 9 in the suit.