Case Details

Citation(s)
2007 SLG 2852 2007 SLD 2852 2007 CLD 852
Lahore High Court
F.A.O. No.171 of 2005, decision dated: 5-10-2006.
MIAN SAQIB NISAR AND FAZAL-E-MIRAN CHAUHAN, JJ
Shahid Akram Siddique for Appellants. Ali Zafar for
Respondents.

MUHAMMAD NAEEM and another

VS

. BANK OF KHYBER through Branch Manager and 2 others

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 12(2), 19 & 22---Suit for recovery of loan---Execution of decree;--First appeal---Counsel for decree-holders had no objection, if impugned order was set aside and matter was sent back to the Trial Court which would decide the case after framing of issues and recording evidence of the parties on the point; whether service of defendants was effected upon a correct address or otherwise-Parties had agreed that till the disposal of application of defendants under S.12(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 by the Banking Court, they would not alienate or encumber the property, which the Bank/decree-holder claimed to have been mortgaged with it; whereas decree-holders would not get the ' decree executed against defendants till such decision. ORDER Learned counsel for the respondents has no…
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