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 and in satisfaction of decree, three mortgaged flats were directed to be put to auction---Appellant and respondents filed objections that they had already purchased flats being unaware that those were under lien of the Bank---Objection had been dismissed and Court, without giving any reason had directed to sell one of the flats through auction which belonged to the appellant---Appellant had stated that such order was discriminatory and would cause prejudice to rights of appellant who was at par with other objectors---No reason was shown on basis of which flat of appellant could be directed to be put to auction first--- Court should have directed the objectors, either to deposit decretal amount proportionately to save their property or properties belonging to all of them should have been put to auction simultaneously---High Court accepting appeal set aside impugned order and remanded matter to Banking Court for passing a fresh order with regard to execution of decree. ORDER Respondent No.1 Bank filed a suit for recovery against respondents Nos.2 and 3 which was decreed to the tune of Rs.2,44,599. In satisfaction of the decree, three mortgaged flats were directed to be, put to auction. The present appellant and respondents Nos.4, 5 and 6 filed objections that they had already purchased the flats being unaware that those are under…

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