Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.19(7) Civil Procedure Code (V of 1908), O.XXI, Rr. 66, 67, 73 & 90 Execution of decree Auction of property Objection petition of appellant that no auction at all was conducted and there were irregularities in proclamation and conduct of sale was dismissed by Banking Court without framing issues and calling evidence Held, where it was alleged that auction had not taken place, there would be no valid sale that could be confirmed and such matter could only be resolved by the Banking Court after framing of issues and enabling the parties to lead evidence. (b) Civil Procedure Code (V of 1908) O.XXI, Rr. 66, 67, 73 & 90 Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.19(7) Where it was alleged by the appellant that auction had not taken place, there would be no valid sale that could be confirmed by the Court until and unless the matter was resolved by the Court after framing of issues and enabling the parties to lead evidence. ORDER The respondent Bank, brought a suit for recovery against the appellant, which was decreed. In execution of the decree, the property in question (shops and office), which were mortgaged with the bank, were put to auction and the respondent No.4, being the highest bidder, purchased the said property in auction, allegedly held on 23 2 2000; his bid was to the tune of Rs.8,50,000, which amount has been duly deposited by the respondent No.4 with the Court. The appellant, moved an application under Order 21, rules 66, 67, 73 and 90, C.P.C. and one of the objections raised in the petition is, that no auction at all was conducted at the spot on 23 2 2000; the entire proceedings in…

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