FATEH TEXTILE MILLS LTD vs ALLIED BANK OF PAKISTAN Ss — 2024 CLD 604 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 604 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: FATEH TEXTILE MILLS LTD vs ALLIED BANK OF PAKISTAN Ss
Subject matter: Civil
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

FATEH TEXTILE MILLS LTD VS ALLIED BANK OF PAKISTAN Ss. 19 & 22---Civil Procedure Code (V of 1908), O.XXI, Rr. 66, 89 & 90---Suit for recovery of finance---Execution proceedings---Objections, delay in decision---Effect---Appellant / Judgment Debtors were aggrieved of orders passed by Executing Court regarding issuance of Sale Certificates to auction purchasers---Validity---Proceedings taken by Executing Court while accepting bid on 28-02-2022 based on evaluation report of properties of year 2015 / 2016 was unlawful and inequitable as value of properties for the auction held in year 2022---Claim of bank was multiplied regularly---Order of acceptance dated 28-02-2022 was in fact a short order and did not provide time for raising objections in terms of O. XXI, Rr.89 & 90, C.P.C. and Rr.347 to 351 of Sindh Chief Court Rules---Before such reasons could have been provided, the Executing Court ordered issuance of sale certificate and permission was granted to conclude sale by issuing sale certificate---Division Bench of High Court directed to put mortgaged / attached property / properties to fresh auction and set aside order passed by Executing Court---Division Bench of High Court gave directions to comply with the provisions of O.XXI, R.66, C.P.C.---Appeal was allowed accordingly.

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