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HABIB BANK LIMITED vs AMIN SOAP AND OIL INDUSTRIES (PVT — 2024 CLD 563 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 563 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
HABIB BANK LIMITED vs AMIN SOAP AND OIL INDUSTRIES (PVT
Subject matter
Civil
Provisions referred to
S. 19---E

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

HABIB BANK LIMITED VS AMIN SOAP AND OIL INDUSTRIES (PVT.) LTD. S.19---Execution proceedings--- Office objection--- Compromise decree---Office of High Court declined to convert compromise decree into execution proceedings in view of dictum laid down by Supreme Court in case titled Peer Dad v. Dad Muhammad, reported as 2009 SCMR 1268---Validity---Imposing a blanket prohibition against institution of execution proceedings for enforcement of compromise decrees without factoring individual situations or contexts would foster misconception of its efficaciousness, diminish its value, which would in turn persuade parties to shun compromises and discourage them from seeking settlements, and instead they might be inclined to lock horns in prolonged, obstinate legal battles, leading to increased strain on resources and an overburdened judiciary---Overboard generalization and an inflexible approach (by not considering individual circumstances or exceptions) which required parties to initiate new legal proceedings for every violation of a compromise decree, would deprive the decree holder of the fruits of its labour and would reduce earlier rounds of agonizing, draining and long-winded litigation (which resulted into compromise decree) into mere dress rehearsals for future litigation---This was not the intent of law nor could it be in line with the purpose of compromise decrees, it which was to settle disputes and avoid prolonged legal battles and it would also undermine the purpose of tailoring a special statute viz Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court directed its office to issue notices to judgment debtors as the terms of compromise decree were executable---Office objection was overruled.

Other judgments reported in 2024 CLD

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