| Citation(s) |
|---|
| 2003 SLG 3063 2003 SLD 3063 2003 CLD 1570 |
Lahore High Court
Execution First Appeal No.111 of 2002, heard on 10-02-2003.
MIAN SAQIB NISAR AND, JAWWAD S. KHAWAJA, JJ
Haq. Nawaz Chattha for Appellants. Mushtaq Mehdi Akhtar for
Respondent No. 1. Sajid Mehmood Sheikh for
Respondent No. 6.
Execution First Appeal No.111 of 2002, heard on 10-02-2003.
MIAN SAQIB NISAR AND, JAWWAD S. KHAWAJA, JJ
Haq. Nawaz Chattha for Appellants. Mushtaq Mehdi Akhtar for
Respondent No. 1. Sajid Mehmood Sheikh for
Respondent No. 6.
RAFIQ AHMED SANAURI and 3 others --Appellants
VS
. UNION BANK LIMITED through Branch Manager and 5 others --Respondents
Law:
Section:
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) -- Ss.18 & 21 Civil Procedure Code (V of 1908), S.114, O.XXI, R.90 & O.XLVII, R.1 Sale in execution of decree Objection petition Banking Court directed debtor to deposit by specified date 20% of sale price in terms of O.XXI, R.90, C.P.C. Judgment debtor sought extension of time, which was granted to him Judgment debtor instead of depositing such amount made application on extended date for review of earlier orders, which was dismissed by Banking Court Validity Judgment debtor had challenged neither order requiring him to make such deposit nor order of extension of time Judgment-debtor applying for extension of time had accepted order of Court for deposit of amount, thus, he was precluded from filing review application against such order Scope, of review being very limited, debtor had failed to establish any error apparent on face of record, or error of like nature warranting review of earlier order High Court dismissed appeal. JUDGMENT MIAN SAQIB NISAR, J. Briefly stated the facts of the case are, that the respondent Bank, filed a suit for recovery, inter alia, against the appellants, in which the appellants did not file any leave application, therefore, a decree to the tune of Rs.1,35,93,769.33, has been passed against them on 17 3 2001. For the satisfaction of the decree, the respondent Bank applied to the Court under section 18 of the Banking Companies (Recovery of Loans, etc.) Act, 1997, for the possession of the mortgaged properties i.e. plots Nos.119 and 120, situated at Ghazipur Road, Sialkot, for the purposes of the private sale; this permission was granted by the Court, vide order dated 7 4 2000. The possession was accordingly taken over by the Bank; the Bank advertised the property for sale in the Dailies "Din", 'Nawa e Waqt' and "The Nation", the properties have been sold to the respondent No.6, for a price of Rs.1,10,00,000, but before the sale could be made, the appellants, filed objections on 10 5 2001, which objection petition was dismissed for non prosecution, vide order dated 24 8 2001. The appellants on 30 8 2001, filed another application, 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