MENA ENERGY DMCC vs HASCOL PETROLEUM LIMITED Ss — 2025 CLD 1665 KARACHI-HIGH-COURT-SINDH

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MENA ENERGY DMCC VS HASCOL PETROLEUM LIMITED Ss. 44a, 47 & O. XXI, Rr. 11, 58---Foreign decree---Execution proceedings---Passing of order of attachment of assets of judgment-debtor for satisfaction of foreign decree subject to any charge or encumbrance already existing on such assets---Secured objectors/banks filed their separate objections against the order of attachment---One of the secured creditor/bank took the plea that instead of attachment of assets of judgment-debtor let it be operational in view of its precarious financial position for clearing the debts---Validity---attachment order explicitly stated action being taken was conditional upon and subordinate to any existing legal claims, charges or mortgages on them---If there were prior claims by other parties, such claims would take precedence---Such condition was a legal safeguard ensuring that the order of attachment of assets did not interfere with pre-existing rights of other parties and that the High Court acknowledged and respected any legal claims or financial burdens that were already in place before issuing the attachment order---Enforcement of a judgment is a legal process aimed at protecting creditor's right and if the judgment debtor's financial situation was as precarious as claimed, it was unclear how continued operations would safeguard public interest better---Precarious financial position of a debtor (judgment-debtor) alone was not a ground to deny a creditor (decree-holder) its right to enforce a judgment---If such a plea was to be accepted, that would set a dangerous precedent where financially distressed entitles could indefinitely delay enforcement by merely citing their poor financial health---Secured creditors might have mutually agreed to accord a "standstill" to the judgment debtor, but such an arrangement cannot be imposed on the decree-holder, which was not a part to such an informal agreement---Objections applications were dismissed, in circumstances.

MENA ENERGY DMCC vs HASCOL PETROLEUM LIMITED Ss — 2025 CLD 1665 KARACHI-HIGH-COURT-SINDH

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