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

Section: 19,22

Law: Civil Procedure Code (V of 1908)

Section: 51,37,40

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 19, 22---Civil Procedure Code (V of 1908), S. 51, O. XX1, Rr. 37, 40---Execution of decree---Arrest and detention of debtor---Principle---Auction of mortgaged property, interference with---Proof---Judgment debtor was aggrieved of issuance of warrants of arrest against him for causing obstruction in auction of mortgaged property---Validity---In absence of any affidavit of any of the residents of locality supporting decree holders plea of influence of debtor to prevent sale and without inquiry or taking steps for ensuring success of auction, decision to shift from auction of mortgaged property to arrest and detention of debtor, when there was no defect in title and when decretal debt could not be recovered from sale proceeds by auction of mortgaged properties, order issuing arrest warrants could not be countenanced---High Court directed Banking Court to execute decree firstly through auction of mortgaged properties and set aside orders of arrest and detention of debtor---Appeal was allowed, in circumstances. Messrs 3-A Trade Impex through Partner and 2 others v. Askari Commercial Bank Ltd. through Branch Manager 2005 CLD 1379; Abdul Basit Zahid v. Modaraba Al-Tijarah through Chief Executive and 2 others PLD 2000 Kar. 322; Muhammad Mobeen v. A.B.N. Amro Bank Ltd. through Manager 2015 CLD 1904; Dr. Rauf Ahmad Azhar v. Banking Court No.11, Lahore and 6 others 2007 CLD 964; Aftab Saleem Choudhary and another v. Soneri Bank Limited through Attorneys 2005 CLD 401 and Precision Engineering Ltd. and others v. The Grays Leasing Limited PLD 2000 Lah. 290 ref. Messrs Azhar, Co. and others v. National Bank of Pakistan 2018 CLD 830 rel. Ch. Imran Arshad Naro for Appellant. Muhammad Asif Ismail for Respondent. hearing date: 17th February, 2022. JUDGMENT RASAAL HASAN SYED, J.---This appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the “Ordinance”) calls into question order dated 13.11.2019 of learned Judge Banking Court, No. I, Gujranwala in execution proceedings. 2. Respondent bank instituted a recovery suit under section 9 of the Ordinance in which…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492