| Citation(s) |
|---|
| 2013 SLG 1646 2013 SLD 1646 2013 SCMR 1419 |
Supreme Court of Pakistan
Civil Petition No.2324 of 2002, decision dated: 13-02-2013.(On appeal against the judgment dated 20-11-2002 passed bythe High Court of Sindh at Karachi in Ist Appeal No.31 of2002.)
ANWAR ZAHEER, JAMALI, TARIQ PARVEZ AND EJAZ AFZAL KHAN, JJ
M. Afzal Siddiqui, Advocate Supreme Court for Petitioner. A. I. Chundrigar, Advocate Supreme Court for
Respondent No. 2 (HBL). Khalid Anwar, Advocate Supreme Court for
Respondent No. 4. Nemo for
Respondent No. 3. Date of hearing. 7th February, 2013 (Judgm
Civil Petition No.2324 of 2002, decision dated: 13-02-2013.(On appeal against the judgment dated 20-11-2002 passed bythe High Court of Sindh at Karachi in Ist Appeal No.31 of2002.)
ANWAR ZAHEER, JAMALI, TARIQ PARVEZ AND EJAZ AFZAL KHAN, JJ
M. Afzal Siddiqui, Advocate Supreme Court for Petitioner. A. I. Chundrigar, Advocate Supreme Court for
Respondent No. 2 (HBL). Khalid Anwar, Advocate Supreme Court for
Respondent No. 4. Nemo for
Respondent No. 3. Date of hearing. 7th February, 2013 (Judgm
Messrs LANVIN TRADERS, KARACHI
VS
PRESIDING OFFICER, BANKING COURT NO.2, KARACHI and others
Law:
Section:
(a) Civil Procedure Code (V of 1908)---O. XXI, R. 66---Execution of decree---Auction of debtor's property---Proclamation of sale by public auction--- Proceedings under O. XXI, R. 66, C.P.C.---Scope---Order XXI, R. 66, C.P.C. provided an exhaustive procedure for the proclamation of sale by public auction---Order XXI, R. 66, C.P.C. provided as to how the proclamation of intended sale shall be caused to be made; how it shall be drawn up after notice to the decree holders and debtors and how it would state the time and place of sale and specify as fairly and accurately as possible (a) the property to be sold, (b) the revenue assessed upon the estate or part of the estate, where the property to be sold was an interest in an estate or in part of an estate paying revenue to the Government, (c) any encumbrance to which the property was liable, (d) the amount for the recovery of which the sale was ordered, and (e) every other thing which the court considered material for a purchaser to know in order to judge the nature and value of property---In the absence of any of the said particulars, the purpose of sale could not be achieved---Failure to comply with provisions of O. XXI, R. 66, C.P.C. could not be defended under any canons of law and propriety, when it tended to damage the rights of the decree holders or those of debtors, simply because a sale had been effected in favour of a third party---Although proceedings under O. XXI, R. 66, C.P.C. did not involve any judicial determination, but at the same time it could not be disputed that they laid a sure foundation for judicious and judicial determination of the rights and liabilities of the parties, therefore, a balance had to be struck to protect the rights and liabilities of the parties which could either be imperiled or even extinguished by not complying with the provisions of O. XXI, R. 66, C.P.C. [Majority view] (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 19---Civil Procedure Code (V of 1908), O. XXI, R. 66---Execution of decree passed by Banking Court---Sale of debtor's property by way of public auction---Auction proceedings tainted with serious lapses causing prejudice to…
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