| Citation(s) |
|---|
| 2018 SLG 2663 2018 SLD 2663 2018 CLC 1904 |
Lahore High Court
F.A.O. No. 197 of 2014, hearing Date : 17-04-2018
ATIR MAHMOOD, JUSTICE
Barrister Hassan Nawaz Sheikh for Appellant.
F.A.O. No. 197 of 2014, hearing Date : 17-04-2018
ATIR MAHMOOD, JUSTICE
Barrister Hassan Nawaz Sheikh for Appellant.
INTERACT PRIVATE LTD. THROUGH COMPANY SECRETARY
VS
AZAM SULTAN SUHARWARDY AND 3 OTHERS
Law: Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)
Section: 37
Law: Civil Procedure Code (V of 1908)
Section: 47,O.XXI,R.58
Law: Pakistan Electronic Media Regulatory Authority Rules, 2009
Section: R.16(2)
Pakistan Electronic Media Regulatory Authority Ordinance (XIII of 2002)--- ----S.37---Pakistan Electronic Media Regulatory Authority Rules, 2009, R.16 (2)---Civil Procedure Code (V of 1908), S.47 & O.XXI, R.58---Execution of decree---Objection to attachment---Limitation---During execution proceedings appellant company filed objections against attachment of property---Executing Court dismissed objection on the ground that objections were time barred---Validity---Appellant had failed to support its assertion that it was not aware with attachment order---Where Court considered that claim or objection was designedly or unnecessarily delayed no investigation could be made---Objections fell against the provisions of O. XXI, R. 58 (1), C.P.C.---When a lis was liable to be dismissed on the question of limitation, there was no need to discuss or dilate upon merits of the case---High Court declined to interfere in the order passed by Executing Court---Appeal was dismissed in circumstances. M.C.B. Bank Ltd. v. Duty Free Shop Ltd. PLD 2011 Kar. 586 and Sachida Prasad Singh and others v. Giraja Prasad Singh and another AIR 1980 Patna 136 distinguished. National Insurance Corporation and others v. Pakistan National Shipping Corporation and others 2006 CLD 85; Islamabad Stock Exchange (Guarantee) Limited, Islamabad through Secretary v. First Punjab Modaraba through Punjab Madaraba Services (Private) Limited, and 2 others 2003 CLD 1587; Pattoki Sugar Mills Limited through Chief Executive v. Water and Power Development Authority (WAPDA) through Chairman and 4 others 2007 CLD 659 and Nan Fung v. H. Pir Muhammad Shamsdin PLD 1995 Kar. 421 ref. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:---.--- Through this appeal, appellant has challenged the legality of order dated 19.12.2013 passed by learned Additional District Judge, Lahore, whereby, the objection petition filed by the appellant was dismissed. 2. Precisely, the facts of the case are that respondent No. 1 got a decree for recovery of damages on account of defamation to the tune of Rs.10 Million from learned District Judge, Lahore against respondents Nos.2, 3 and 4. Subsequently, execution petition was filed by the…
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