SRINAGAR: The Jammu and Kashmir & Ladakh High Court has directed the filing of a First Information Report (FIR) against petitioners who attempted to deceive the court in a loan recovery case by filing a false affidavit.
A division bench of Justice Atul Sreedharan and Justice Mohd Yousuf Wani, while hearing a Writ Petition, held that the petitioners are guilty of gross suppressio veri [concealment of truth] and suggestio falsi [suggestion of falsehood], according to Srinagar-based news gathering agency Kashmir Dot Com.
The case involved a dispute between the borrowers (petitioners) and J&K Bank Limited over the recovery of a loan. The borrowers had approached the High Court seeking to halt the e-auction of their property, claiming that they had not received the mandatory notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act). Based on this claim, the petitioners successfully obtained interim relief from the Court.
However, during court proceedings, the bank presented evidence, including proof of dispatch, demonstrating that the notice had indeed been issued to the borrowers on December 19, 2019. This revelation contradicted the borrowers’ initial claims.
The court, in its order, strongly condemned the borrowers’ attempts to mislead the judiciary. It observed, “The petitioners have made a false statement before this Court. The interim relief granted in terms of the order dated 13.12.2024 stands vacated.”
The Court further stated, “The documents placed before this Court today…reveal that the Notice was earlier issued under Section 13(2) of the SARFAESI Act on 19.12.2019 and this was deliberately and maliciously withheld from this Court both in the petition and in the oral submissions made before this Court…”
Furthermore, the court noted, “The petitioners are guilty of gross suppressio veri [concealment of truth] and suggestio falsi [suggestion of falsehood] and the petition is dismissed.”
To ensure accountability for their actions, the court directed the Registrar General to initiate proceedings for the filing of an FIR against the borrowers.
“The Registrar General of this Court is requested to initiate proceedings to prefer a complaint before the police for the prosecution of the petitioners herein for the offences of filing a false affidavit before this Court,” the Court said.
If the offenses are determined to be non-cognizable, the court directed the Registrar General to take steps to file a complaint case before the concerned Judicial Magistrate. (KDC)
