| Citation(s) |
|---|
| 2005 SLG 1780 2005 SLD 1780 2005 CLD 1745 |
Lahore High Court
E.F.A. No.239 of 2000, decision dated: 15-04-2004.
NASIM SIKANDAR AND MIAN HAMID FAROOQ, JJ
M. M. Alam Chaudhary for Appellants. Bashir Ahmad for
Respondent.
E.F.A. No.239 of 2000, decision dated: 15-04-2004.
NASIM SIKANDAR AND MIAN HAMID FAROOQ, JJ
M. M. Alam Chaudhary for Appellants. Bashir Ahmad for
Respondent.
Messrs PLASTIC CRYSTAL through Sole Proprietor and another
VS
. Messrs BOLAN BANK LIMITED through General Manager
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance, (XLVI of 2001)-------Ss. 9, 19 & 22---Suit for recovery of loan---Execution of decree---Suit by Bank was decreed by Banking Court and decree holder (Bank) initiated execution proceedings through arrest and detentions of appellants/ -debtors---Executing Court issued warrants of arrest of appellants/ . debtors---Appeal was partially allowed and Appellate Court, after setting aside and decree of Banking Court, remanded case to Banking Court with certain directions---As and decree, out of which execution petition arose, was set aside, the execution petition had become infructuous and orders passed therein whereby warrants of arrest of appellants/ ¬ debtors were issued, had lost their efficacy and in that perspective, present appeal had become infructuous and could not proceed. ORDER Messrs Plastic Crystal etc., through the filing of the present appeal, have called in question order dated 14-4-2000, whereby the learned Banking Court issued warrants of arrest of the judgment-debtors with the directions to keep them in judicial lock up till the realization of the decretal amount. 2. Facts relevant for the disposal of the present appeal are that pursuant to the passing of decree for the recovery of Rs.76,39,144 on 4-5-1999, by the learned Banking Court, against the appellants, the…
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