BANK AL-HABIB LIMITED vs RAFI COTTON INDUSTRIES (PVT — 2023 CLD 154 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 154 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: BANK AL-HABIB LIMITED vs RAFI COTTON INDUSTRIES (PVT
Subject matter: Criminal
Provisions referred to: Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BANK AL-HABIB LIMITED VS RAFI COTTON INDUSTRIES (PVT.) LTD. Ss. 15(6) & 21---Civil Procedure Code (V of 1908), O. XXI, Rr. 72(2) & 84(2)---Execution of decree---Purchase of attached property--- Decree holder, right of--- Set off, principle of---Applicability--- Decree holder Bank participated in auction proceedings---Highest and second highest bidders failed to deposit 25% of bid money resultantly decree holder Bank was declared successful bidder---Validity---Decree holder Bank filed application under provisions of O. XXI, R. 72, C.P.C.---Permission granted by High Court contained an implied dispensation from requirement of deposit under O. XXI, R. 84(2), C.P.C.---Auction proceedings were conducted by court auctioneer in accordance with law and there was no element of irregularity in conducting sale---Objection of judgment debtor had already been dismissed for want of deposit of 25% of amount realized at sale---High Court approved auction in favour of decree holder, subject to undertaking by decree holder committing itself to make payment of requisite amount to any other bank having charge on property in question---Bid money of decree holder was accordingly set off against decree in question---High Court directed the office to prepare necessary sales certificate, after receiving necessary amount of stamp duty from decree holder Bank---High Court directed bailiff of court to put decree holder in possession of mortgage property---Execution application was disposed of accordingly.

Other judgments reported in 2023 CLD

2023 CLD 393 LAHORE-HIGH-COURT-LAHORESTATE LIFE INSURANCE CORPORATION OF PAKISTAN VS SURRIYA ASGHAR S. 118---Civil Procedure Code (V of 1908), O. XIV, R. 1---Payment of liquidat…
2023 CLD 1184 SUPREME-COURTQazi HUMAYUN VS Mst. SABIHA QAYUM all objections regarding liability and its discharge come to a close after the lapse of the limitation per…
2023 CLD 1184 SUPREME-COURTQazi HUMAYUN VS Mst. SABIHA QAYUM Notice---Party residing outside Pakistan---Under the law service by publication is good service even in re…
2023 CLD 466 SUPREME-COURTSAIF POWER LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Law, Civil Secretariat Islamabad Ss. 231, 263 & 265---Security an…
2023 CLD 297 SUPREME-COURTSUMMIT BANK LIMITED, LAHORE VS M. M. BROTHERS, PROPRIETORSHIP CONCERN O. XXI, Rr. 66 & 67(2)---Proclamation of sales by public auction---Com…
2023 CLD 297 SUPREME-COURTSUMMIT BANK LIMITED, LAHORE VS M. M. BROTHERS, PROPRIETORSHIP CONCERN O. XXI, Rr. 64, 65, 66, 67 & 90---Proclamation of sales by public auct…

Back to the case-law library · Search Pakistani case law in Urdu or English