Law: Civil Procedure Code (V of 1908)

Section: 66,90

Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 19(1)

Civil Procedure Code (V of 1908)--- ----O.XXI, Rr. 66 & 90---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.19(1)---Sale of mortgaged property by Official Assignee---Judgment debtor failing to deposit the required amount in terms of O.XXI, R. 90, C.P.C---Held, that a sale could be set-aside under O.XXI, R. 90, C.P.C provided the debtor complied with the two provisos to the said provision (O.XXI, R.90, C.P.C.)---In the present case, the debtor had not deposited any amount with the Official Assignee in terms of O.XXI, R. 90, C.P.C, which was a mandatory requirement---Secondly, the objection of the debtor about non-compliance of O.XXI, R.66, C.P.C was also not sustainable as the public notice/advertisement / proclamation of sale in newspapers clearly mentioned the reserve price for the subject property with number and title of present Execution application along with the necessary information---Furthermore the auction purchaser had deposited the entire sale price with the Official Assignee---Last auction proceeding for the subject property was vitiated on the ground that the earlier bidder/purchaser could not pay the balance price---Present auction proceeding was third in a row, which clearly led to the conclusion that the entire auction proceeding had been undertaken in a transparent and diligent manner by the Official Assignee and none of the mandatory requisites were lacking in the entire proceeding---Application filed by debtor was dismissed and sale of subject property in favour of auction purchaser was confirmed. THIS ORDER PASSED BY: MUHAMMAD FAISAL KAMAL ALAM, J:---.--- (1-2) Arguments heard on C.M.A. No. 59 of 2018 (under section 151 of C.P.C.), preferred by learned counsel for Judgment Debtor No. 1 and C.M.A. No. 314 of 2018 (under Section 151 of C.P.C), filed by learned counsel for Auction Purchaser. 3). Official Assignee's Reference No. 10 of 2018 is taken on record subject to any objections. i). Through the listed C.M.A. No. 59 of 2018 the learned counsel for Judgment Debtor No. 1 has raised objection that the sale in respect of the property-C-6, situated at Fish Harbour. West Wharf Road, Karachi admeasuring about 1629.7…

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