LAWS(J&K)-2023-8-24

J&K BANK LIMITED Vs. SHEIKH GOWHAR RASHID

Decided On August 31, 2023
JAndK Bank Limited Appellant
V/S
Sheikh Gowhar Rashid Respondents

JUDGEMENT

(1.) The petitioners in the instant petition seek quashment of order dtd. 22/6/2023 (for short impugned order) passed by the court of Sub Judge (CJM) Srinagar (hereinafter referred to as the trial court) in civil suit titled as 'Sheikh Gowhar Rashid vs. J&K Bank and another' whereunder the defendants petitioners herein came to be directed to de-seal the property of the plaintiff respondent herein that had been wrongly sealed along with secured assets which only were supposed to be sealed under the SARFAESI Act, 2002.

(2.) At the very outset the counsel for the respondent raised a maiden preliminary objection qua the maintainability of the petition on the ground that the writ petition would not lie against the order passed by the civil court, in response to which the counsel for the petitioners stated at bar that the petition was, and be treated, under Article 227 of the Constitution and thus the same is maintainable.

(3.) Having regard to the facts and circumstances of the case and the nature of the controversy involved in the petition, same is treated as a petition under Article 227 of the Constitution.