Law:

Section:

Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-------S. 7---Appeal---Execution of decree---Disbursement of amount---Execution of decree was allowed by High Court directing Court official to disburse amount lying with him to decree holder---Plea raised by appellants was that order was passed in execution without hearing them---Validity---High Court committed no error or illegality while allowing execution application and had rightly ordered disbursement of amount to decree-holder, keeping in view bank rate and such order did not call for any interference by High Court---Appeal was dismissed in circumstances. Amber Ahmed Khan v. Pakistan International Airlines Corporation, Karachi PLD 2003 Kar. 405; Jewan Lal Daga and another v. Nilmani Chaudhuri AIR 1928 (Privy Council) 80; (Gudimalla) Narasinham and another v. (Paidimarri) Venkata Subbayya and another AIR 1933 (Madras) 171 and Soneri Bank Limited v. Idrees Ahmed Siddiqui and another 2005 CLD 1003 ref. ORDER ABDUL MAALIK GADDI, J.--Through this Admiralty Appeal, the Appellants have assailed the legality and propriety of the order dated 19-11-2012, passed by the learned Single Judge of this Court in Execution Application No.37/2012 out of Suit No.8041/1993, whereby the learned Single Judge, while allowing the execution application has directed the Nazir of this Court to disburse the amount lying with him to the decree holder subject to proper verification and confirmation. 2. Facts giving rise to filing of the instant appeal are that the respondent filed the Admiralty Suit No.804/1993 in this Court against the appellants, which suit was decreed to the extent of Rs.12,00,000 along with interest at the rate of 36 percent. Being aggrieved and dissatisfied with such judgment and decree, the appellants filed the Admiralty Appeal No.2 of 2006 before a Division Bench of this Court, which appeal was disposed of on 21-12-2010, whereby the judgment and decree passed by the learned Single Judge was maintained, however, the mark-up rate was modified and was directed to be paid at the bank rate. 3. Learned counsel for the appellants has argued that the impugned order passed by the Executing Court is illegal as…

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