| Citation(s) |
|---|
| 2002 SLG 2227 2002 SLD 2227 2002 CLD 1205 |
Supreme Court of Pakistan
Civil Petitions Nos.462 L and 466 L of 2002, decision dated: 13-02-2002.
MUNIR A. SHEIKH. ACTG. C.J. AND FAQIR MUHAMMAD KHOKHAR, J
M. D. Chaudhry, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate on-Record for Petitioner. M. A. Qureshi, Advocate on-Record for
Respondent No. 1.
Civil Petitions Nos.462 L and 466 L of 2002, decision dated: 13-02-2002.
MUNIR A. SHEIKH. ACTG. C.J. AND FAQIR MUHAMMAD KHOKHAR, J
M. D. Chaudhry, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate on-Record for Petitioner. M. A. Qureshi, Advocate on-Record for
Respondent No. 1.
Haji MUHAMMAD ASHIQ er
VS
. MUHAMMAD AJMAL QURESHI and others --Respondents
Law:
Section:
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss.9 & 15 Penal Code (XLV of 1860), Ss.420/468/471/109 Constitution of Pakistan (1973), Arts.185(3) & 199 Constitutional petition before High Court Execution of ex parte decree for recovery of Bank loan from petitioners (guarantors) and respondents (borrowers) Adjustment of amount of bail bonds against decretal loan amount ¬Petitioners registered a criminal case against respondents for having fraudulently used their title documents for obtaining loan and showing them as guarantors Criminal Court while granting bail to respondents on furnishing bail bonds ordered the adjustment of amount of bail bonds against decretal amount High Court declared such order to be without lawful authority in Constitutional petitions filed by respondents Validity Till recording of a finding by Criminal Court after trial that petitioners were guilty of the offence, the amount of bail bonds provided by them could neither be confiscated nor utilized against amount of loan, which could be recovered in execution proceedings by Bank against all debtors or any of them Supreme Court dismissed the petitions and refused to grant leave to appeal. JUDGMENT MUNIR A. SHEIKH, ACTG. C.J. By this common judgment, we propose to decide Civil Petitions Nos.462 L and 466 L of 2002 as questions of law and facts are identical in both of them. 2. The facts of the case are that on the report of the present petitioners, a criminal case was registered against the private respondents in which it was alleged that by playing fraud the said respondents used their documents of title of the property for obtaining loan and showing them as the guarantors. The respondents were granted bail in the said case by the Court by furnishing bail bonds. 3. The bank concerned filed suits against the…
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