| Citation(s) |
|---|
| 2014 SLG 2161 2014 SLD 2161 2014 CLD 1275 |
Lahore High Court
C.O.S. No.76 of 2013, decision dated: 9-10-2013.
MRS. AYESHA A. MALIK, J
M. Imran Malik for Plaintiff. Amir Wakeel Butt for Defendant No. 1.
C.O.S. No.76 of 2013, decision dated: 9-10-2013.
MRS. AYESHA A. MALIK, J
M. Imran Malik for Plaintiff. Amir Wakeel Butt for Defendant No. 1.
ACRO DEVELOPERS (PVT.) LTD. through Chief Executive--Plaintiff
VS
BANK OF PUNJAB through Branch Manager and another----Defendants
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 15 & 19---Civil Procedure Code (V of 1908) O.XXXIX, Rr. 1 & 2---Auction of mortgaged property---Plaintiff sought to restrain auction of mortgaged property by the Bank on the ground that plaintiff being the owner of the property Bank could not auction the property---Held, that there was nothing on record to show that the plaintiff was the owner of the plots in question---Plaintiff placed on record allotment letters wherein the plaintiff was not shown as a owner of the said plots---Plaintiff had filed a summary of an arbitration award which confirmed that the plaintiff did not own any plot but claimed an interest in the allotment of plots on account of losses it had suffered due to failure of a housing project---Plaintiff had filed a suit for damages and rendition of accounts against the Housing Society, and even if its prayers in the said suit were allowed, it would not be entitled to the plots sought to be auctioned--- Application to restrain the respondents from auctioning the plots was dismissed, in circumstances. ORDER C.M. No.460-B of 2013 MRS. AYESHA A. MALIK, J.---This is an application seeking grant of interim relief against the auction dated 28-6-2013 filed by the Plaintiff with respect to its property in Blocks E, F & G of defendant No.2 society. On 1-7-2013 the suit was instituted by the plaintiff and on 11-7-2013 this court ordered that the defendants were not to finalize the auction proceedings scheduled for 28-6-2013 for the plots in Blocks E, F and G. This interim order was extended from 30-7-2013 till today. Today the instant application has been argued at length along with the PLAs. Learned counsel for the Bank had questioned the interim relief given by this court on 11-7-2013 on the ground that the plaintiff is not the owner of the property which have been put to auction. 2. The case of the defendant No.1 Bank is that the plaintiff, Acro Developers (Pvt.) Ltd. is not the owner of the property which was the property for the auction scheduled for 28-6-2013. Learned counsel for defendant No.1 argued that the defendant No.1 re-scheduled the debt of theβ¦
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