| Citation(s) |
|---|
| 2019 SLG 1473 2019 SLD 1473 2019 SCMR 1004 |
Supreme Court of Pakistan
Civil Petitions Nos. 2701-L, 2994-L and 3032-L of 2016, decision & hearing Dated: 09-04-2019. (On appeal from judgment Dated 06.06.2016, passed by the Lahore High Court, Lahore, in E.F.As. Nos. 880 and 896 of 2015)
SH. AZMAT SAEED, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Shahid Ikram Siddiqui, Advocate Supreme Court (in C.P. 2701-L of 2016). Fakhar-uz-Zaman Akhtar Tarar, Advocate Supreme Court and Shahid Ikram Siddiqui, Advocate Supreme Court (in C.Ps. Nos. 2994-L and 3032-L of 2016).
Respondent(s) by:
Civil Petitions Nos. 2701-L, 2994-L and 3032-L of 2016, decision & hearing Dated: 09-04-2019. (On appeal from judgment Dated 06.06.2016, passed by the Lahore High Court, Lahore, in E.F.As. Nos. 880 and 896 of 2015)
SH. AZMAT SAEED, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Shahid Ikram Siddiqui, Advocate Supreme Court (in C.P. 2701-L of 2016). Fakhar-uz-Zaman Akhtar Tarar, Advocate Supreme Court and Shahid Ikram Siddiqui, Advocate Supreme Court (in C.Ps. Nos. 2994-L and 3032-L of 2016).
Respondent(s) by:
MUHAMMAD ASHRAF AND OTHERS
VS
U.B.L. AND OTHERS
Law: Civil Procedure Code (V of 1908)
Section: O.XXI,R.89,90
Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
Section: 19(7)
(a) Limitation--- ----Where an order or was challenged through separate proceedings be it appeals or petitions, some of which were within time, while the others had been filed beyond the period of limitation, all such appeals or petitions ought to be decision dated: merit especially when an order in one appeal or petition (within time) would apply to the other appeal or petition, which may be barred by limitation. (b) Civil Procedure Code (V of 1908)--- ----O. XXI, Rr. 89 & 90---Auction of debtor's properties, confirmation of---Executing Court, duty of---Scope---Even in the absence of an objection petition, the Executing Court was not required to automatically confirm an auction mechanically and without application of mind by not even considering the law applicable. National Bank of Pakistan and 117 others v. SAF Textile Mills Ltd. and another PLD 2014 SC 283 ref. (c) Civil Procedure Code (V of 1908)--- ----O. XXI, R. 90---Auction of debtor's properties---Legal flaws---Admittedly ten (10) separate properties were directed to be auctioned at the different sites at the same time, which was an physical impossibility, even if the properties were located within a one mile radius---Auction proceedings, thus, were not held at the sites in violation of the terms of the proclamation---Similarly, there were no bid sheets available on the record, the same having not been prepared by the Court auctioneer---Record did not clearly establish that 25% of the auction price of each of the properties were deposited on the fall of the hammer, therefore, it could not be safely held that the properties were auctioned in accordance with the law, nor could it be held that such auction, with obvious legal flaws, could have been confirmed by the Court even if the objection petition was not maintainable---Supreme Court set-aside the auctions along with ancillary actions and directed that the sale price received by the Bank shall be refunded to the auction purchaser along with mark up at the rate of 5% per annum; and that the possession of the properties shall be taken over by the Banking Court from the auction purchaser and the properties shall be put to auction again in accordance…
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