Law: Non-Performing Assets and Rehabilitation of Industrial Undertakings (Legal Proceedings) Ordinance, 2000

Section: 10,5,6(1)

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.89,90,92

(a) Non-Performing Assets and Rehabilitation of Industrial Undertakings (Legal Proceedings) Ordinance (LVIII of 2000)----Ss. 10, 5 & 6(1)---Limitation Act (IX of 1908), Art. 166--¬Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997), S.15---Civil Procedure Code (V of 1908), O.XXI, Rr. 89, 90 & 92---Execution of decree--¬Sale of property, setting aside of---Transfer of execution petition to High Court by virtue of S. 6(1) of the Non¬-Performing Assets and Rehabilitation of Industrial Undertakings (Legal Proceedings) Ordinance, 2000--¬Auction held on 29-12-2001---Confirmation of sale in favour of successful bidder on 16-1-2002 i.e. before expiry of thirty days---Validity---In absence of procedure about confirmation of sale under the Ordinance, procedure provided in C.P.C. would apply---Any person mentioned in O.XXI, Rr. 89 & 90, C.P.C., including -debtor could file objection petition seeking setting aside of sale within period of thirty days from date of sale as provided under Art. 166 of Limitation Act, 1908---Appellant ( -debtor) adversely affected by sale had been denied thirty days' period statutorily fixed for filing objection petition---High Court set aside impugned order being contrary to law allowing appellant to challenge sale within ten days. Hudaybia Textile Mills Ltd. and others v. Allied Bank of Pakistan Ltd. and others PLD 1987 SC 512 ref. (b) Non-Performing Assets and Rehabilitation of Industrial Undertakings (Legal Proceedings) Ordinance (LVIII of 2000)--- ----S.5---Civil Procedure Code (V of 1908), S.141---Procedure to be followed by High Court---Provisions of C.P.C.--¬Applicability---Provisions of special law would be applicable in case of inconsistency between provisions of special enactment and C.P.C.---Provisions of C.P.C., would be attracted, where special law did not provide any procedure in respect of a given situation. (c) Non-Performing Assets and Rehabilitation of Industrial Undertakings (Legal Proceedings) Ordinance (LVIII of 2000)--- ----Ss.5 & 10(5)---Civil Procedure Code (V of 1908), O.XXI, Rr. 82 to 92---Execution of decree---Sale of property, setting aside of---Objection…

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