| Citation(s) |
|---|
| 2025 SLG 3755 2025 SLD 3755 = 2025 CLD 543 |
Lahore High Court, Multan Bench, Multan
E.F.A. No.26 of 2023, heard on 16th April, 2024.
Before Muhammad Sajid Mehmood Sethi and Raheel Kamran, JJ
Muhammad Suleman Bhatti for Appellants.
Respondent fEx parte.
E.F.A. No.26 of 2023, heard on 16th April, 2024.
Before Muhammad Sajid Mehmood Sethi and Raheel Kamran, JJ
Muhammad Suleman Bhatti for Appellants.
Respondent fEx parte.
Messrs AL-HARMAIN & CO. through Sole Proprietor and 2 others--Appellants
VERSUS
M.C.B. BANK LIMITED through Manager / Attorney---Respondent
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: XLVI,19,22
Law: National Database and Registration Authority Ordinance, 2000
Section: VIII,18
Law: Constitution of Pakistan, 1973
Section: 9,14
(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.19 & 22---National Database and Registration Authority Ordinance (VIII of 2000), S. 18---Execution proceedings---Computerized National Identity Card (CNIC), blocking of---Appellants / judgment debtors were aggrieved of direction issued by Executing Court to block their CNICs during execution proceedings--Validity---CNIC is essential for enjoyment of a number of fundamental rights, therefore, no person can be deprived of it without due process---Agricultural land of appellants / judgment debtors had already been redeemed and another agricultural land was under mortgage---Executing Court could have passed an order regarding property under mortgage which was permissible under law---High Court set aside direction issued by Executing Court, as there was no justification of such order and the same was illegal, unlawful and was passed without observing prerequisites---Appeal was allowed, in circumstances.Messrs Azhar & Co. and others v. National Bank of Pakistan 2018 CLD 830; Muhammad Asif v. Standard Chartered Bank (Pakistan) Limited through Manager2022 CLD 1021; Muhammad Umar v. Federation of Pakistan, through Secretary, Ministry of Interior, Islamabad and 2 others PLD 2017 Sindh 585; Hafiz Awais Zafar v Judge Family Court, Lahore and 2 others PLD 2022 Lah. 756 and Urooj Tabani v. Federation of Pakistan through Secretary Ministry of Interior, Islamabad and 2 others PLD 2021 Isl. 105 ref.Habib Ahmad v. Haji Munir Ahmad 2004 YLR 1540; 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 and Muhammad Kaleem v. Arslan Aslam and others 2023 CLC 796 rel.(b) Constitution of Pakistan-------Arts. 9 & 14---Right to identity---Scope---Right to identity is also associated to right to life (Article 9) and would also be read into Art. 14 of the Constitution, which guarantees dignity of man.Date of hearing: 16th April, 2024.JUDGMENTMUHAMMAD SAJID MEHMOOD SETHI, J.----Through instant appeal, appellants have assailed vires of…