Case Details

Citation(s)
2005 SLG 1597 2005 SLD 1597 2005 CLD 649
Lahore High Court
C.O.S. No.11 of 2000 and C.M. No.1518 of 2004, decision dated: 6-12-2004.
MAULVI ANWARUL HAQ, J
Ehsan Ahmad Sandhu for Plaintiff. Malik M. Tariq Rajwana for Defendants.

NATIONAL BANK OF PAKISTAN through General Attorney--Plaintiff

VS

. Messrs MUBARAK TEXTILE MILLS LTD. through Managing Director/Chief Executive and 7 others ----Defendants

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)----Ss. 9 & 19(1)---Civil Procedure Code (V of 1908), O.XXI, R.2---Suit for recovery of amount---Execution of decree---Suit was decreed in terms of compromise between the parties---Both parties had stated that amount due under the decree had been paid by -debtor to decree-holder Bank subject to condition that all or any payment under insurance claims filed by -debtors against Insurance Companies would be recovered by decree-holder-Bank---Nothing was due from -debtors to decree-holder-Bank under the decree---Payment of decretal amount subject to said condition of recovery by decree-holder from Insurance Companies was recorded in terms of O.XXI, R. 2, C.P.C. and guarantees and securities would stand discharged and document would be returned to -debtor by decree-holder-Bank---Decree had been satisfied accordingly. ORDER C.M. No.1518 of 2004 Let the main case to be taken up. C.M. is disposed of. C.O.S. No.11 of 2000 Presence as above. A suit filed by the applicant-Bank was decreed against the respondent on 15-9-2004 as per terms of the compromise recorded in mark "A". It is now being stated that the decree has been satisfied. In terms of section 19(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001, after decree the…
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