| Citation(s) |
|---|
| 1998 SLG 1518 1998 SLD 1518 1998 CLC 2002 |
Sindh High Court
Execution Application No.6 and Civil Miscellaneous Application No.264 of 1998, decision dated: 3rd June, 1998
MUSHTAQ AHMAD MEMON, .J
Nafees Siddiqui and Essa Shaikh for the Decree-Holder. S. Mazharul Haq for the Judgment-Debtor
Execution Application No.6 and Civil Miscellaneous Application No.264 of 1998, decision dated: 3rd June, 1998
MUSHTAQ AHMAD MEMON, .J
Nafees Siddiqui and Essa Shaikh for the Decree-Holder. S. Mazharul Haq for the Judgment-Debtor
UNITED BANK LTD. --Applicant
VS
Messrs AZMAT TEXTILE MILLS
Law:
Section:
(a) Sindh Chief Court Rules (O.S.)-------Rr. 74 & 75---Grant of time for affidavit/rejoinder---After filing counter affidavit and affidavit in-rejoinder, no further affidavit could be filed except with leave of the Court---Rule 75(4) of Sindh Chief Court Rules (O.S.) provides that affidavit cannot be filed after affidavit in rejoinder has been submitted--Time for filing counter-affidavit and affidavit in rejoinder was specifically fixed by order and by virtue of R.71 of Sindh Chief Court Rules (O.S.), any affidavit if filed beyond such time, could not be used except by leave of the Court. (b) State Bank of Pakistan Incentive Scheme--- ----Circular No. 19, dated 5th June, 1997---Time limit---Down payment and time for approaching the lending Bank---State Bank of Pakistan Incentive Scheme showed that it did not require deposit of any down payments and the time for approaching the lending Bank had admittedly been extended from time to time--Time limit was not considered of essence for the purpose of availing benefits under the said scheme in circumstances. Ch. Altaf Hussain and others v. The Chief Settlement Commissioner, Pakistan, Lahore and others PLD 1965 SC 68 and Mst. Hussain Bibi v. Haji Muhammad Din and 3 others 1976 SCMR 208 rel. ORDER This application is filed on behalf of the judgment-debtors under Order XXI, Rule 2, C.P.C. with the prayer to certify satisfaction of the decree passes in Suit No.509 of 1994 under the State Bank of Pakistan Incentive Scheme. In support of the application, the judgment-debtors have filed copy of letter date 23-12-1997 whereby the decree-holder had called upon the judgment-debtor No.l to make payment of Rs.22,922,502,21 under the Stale Bank of Pakistan Incentive Scheme in full and final settlement of the subject liabilities. Such letters. admittedly, signed by the Officer Incharge of the Advances and Vice President/Chief Manager of the decree holder-bank. On 24-12-1997 i.e. the next day, the offer contained in the above-stated letter dated 13-12-1 was accepted by judgment-debtor No. l and was duly conveyed to the Chief Manage of the decree holder-bank. The letter dated 24-12-1997 being pertinent, is reproduced…
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