FAYSAL BANK LIMITED vs HARIS STEEL INDUSTRY (PVT — 2023 CLD 44 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 44 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: FAYSAL BANK LIMITED vs HARIS STEEL INDUSTRY (PVT
Subject matter: Criminal
Provisions referred to: S. 19---C; 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

FAYSAL BANK LIMITED VS HARIS STEEL INDUSTRY (PVT.) LIMITED S. 19---Civil Procedure Code (V of 1908), O. XXI, Rr. 65, 66, 67, 84 & 85---Sale through public auction---Transparency---Signing of attendance and bidding sheets---Object, purpose and scope---Signing of attendance sheet and bidding sheet is for the purpose to establish that sale is conducted in fair and transparent manner at site in terms of proclamation of auction approved by Court; it further establishes that auction proceedings and auction report are not bogus or sham---Presence of attendance and bidding sheets on record shows number of parties present on auction date at site, and who were the persons who submitted their pay orders and participated in auction---Presence of greater number of persons on attendance and bidding sheet also proves that due publicity of auction sale of property was given and full opportunity was furnished to intending bidders to participate in auction proceedings---For the purposes of maintaining transparency in auction proceedings, it is duty of Court to check whether criteria for public auction of property as envisaged under O. XXI, C.P.C. has been complied with, and whether at the time of drawing up proclamation of sale, Court Auctioneer kept in his mind requirements under O XXI, Rr. 66, 67, 84 & 85, C.P.C.---Court was to apply its judicial mind before confirmation of auction sale in favour of purchaser, even in absence of objection petition---Failure of Court Auctioneers to adhere to such rules could vitiate auction proceedings on account of material irregularity resulting in lack of transparency and render proclamation of sale illegal.

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