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NOOR HAYAT COTTON GINNERS vs The BANK OF PUNJAB O — 2026 CLD 68 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2026 CLD 68 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2026
Reporter
CLD
Parties
NOOR HAYAT COTTON GINNERS vs The BANK OF PUNJAB O
Subject matter
Criminal
Provisions referred to
S. 19---A; Civil Procedure Code

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

NOOR HAYAT COTTON GINNERS VS The BANK OF PUNJAB O. XXI, R.90---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S. 19---Auction proceedings---Objection petition, filing/ hearing of---Condition precedent to deposit 50% of the sale proceeds ---Scope---Record revealed that in order to execute the judgment and decree passed by the Banking Court ,auction was conducted for the sale of mortgaged property---Appellants filed Objection Petition under O. XXI, R. 90 of the Civil Procedure Code, 1908 (C.P.C.) against the auction proceedings---The Executing Court directed Appellants to deposit 50% of the sale proceeds as a condition precedent for the Objection Petition to be heard on merits, failing which, the same would be dismissed on said sole ground---Held: Appellants failed to make the required deposit ; consequently, the Objection Petition was dismissed through the impugned order---The condition to deposit the amount under O. XXI, R. 90, C.P.C. is mandatory when the Executing Court specifically requires such deposit and warns of consequences of non-deposit---No illegality, infirmity or jurisdictional defect in the impugned Order had been noticed---Appeal was dismissed, in circumstances.

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