Case Details

Citation(s)
2008 SLG 2226 2008 SLD 2226 2008 CLD 1170
Sindh High Court
Suit No.B-48 and C.M.As. No.7011, 7012 of 2008, decision dated: 9-07-2008.
MRS. QAISER IQBAL, J
Salim Salam Ansari for Plaintiff.

Messrs GOLD STAR PAPER MILLS (PVT.) LTD. and 3 others--Plaintiffs

VS

. NATIONAL BANK OF PAKISTAN --Defendant

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S.15(2)---Civil Procedure Code (V of 1908), O.XXXIX, Rr.1 & 2---Contention of the plaintiff/borrower was that publication effected by the Bank for auction of the mortgaged property in the newspaper was in violation of relevant law and was liable to be suspended---High Court having found the contention worth-consideration, ordered the Bank to be kept pending---In the meanwhile operation of the notice published in the newspaper was suspended and Bank was restrained from creating third party interest in the property till the next date of hearing. ORDER MRS. QAISER IQBAL, J.---Granted. 2. It is inter alia contended that the plaintiff No.1 is a company engaged in carrying out manufacturing of papers and paper products consisting of its Board of three Directors. On the request of the plaintiff No.1 the finance facilities were extended in favour of the plaintiff by the defendant upon execution of the documents as envisaged under the Banking system and the immovable properties shown in…
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