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

Section: 9,22

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 22---Evaluator, appointment of---Consent of the parties---Scope---Evaluator was appointed in the proceedings to sell out pledged stock (chemicals) lying in the custody of the Muccaddum of plaintiff/ Bank through public auction---Application of the defendant (customer/ chemical company) for change/replacement of the Evaluator was dismissed---Stance of the appellant (defendant) was that appointment of evaluator was non-proficient as the chemicals, which were to be evaluated, were highly inflammable and in the event if sampling would be done without specialized care, the whole stock would be destroyed---Validity---Evaluator, in the present case, was, admittedly, appointed by consent of the counsel/parties---Further, neither the Bank nor Muccadum of the Bank had raised any objection with regard to expertise/capability of the said evaluator for conducting evaluation of such type of chemical---Appellant had failed to corroborate his stance (appointed evaluator being non-proficient) through any proof of document or evidence---Thus, in absence of any proof substantiating the stance of the appellant with regard to non-proficiency of the evaluator, for conducting evaluation of such type of chemical, Single Judge of the High Court was justified in dismissing the application of the appellant for change of evaluator---Appellants had failed to give any plausible justification for interference in the impugned order of dismissal of their application for removal/change of evaluator---Special High Court appeal filed by the customer was dismissed, in circumstances. ORDER ARSHAD HUSSAIN KHAN, J.---Through instant Spl. High Court Appeal the appellants have called-in-question the order dated 13.03.2019, passed by learned Single Judge of this Court in Suit No.B-82 of 2013, whereby application under section 151, C.P.C., filed by the appellants for changing of evaluator namely Messrs Iqbal A. Nanjee Co. (Pvt.) Ltd. was dismissed. 2. From perusal of the record, it appears that on 27.11.2018 by consent of the learned counsel for the parties in Suit No.B-82/2013, following order was passed: (i) Nazir…

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