| Case ID |
20195ce2-e4cc-40d1-9eca-a4e532e80698 |
| Body |
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| Case Number |
Execution No.69 of 2008 and C.M.A. No.908 of 2010 |
| Decision Date |
Jul 15, 2011 |
| Hearing Date |
May 03, 2011 |
| Decision |
The Sindh High Court ruled in favor of Pakistan International Airlines Corporation (PIA), allowing their objection to the attachment and sale of a warehouse previously owned by them. The court found that the warehouse had been transferred to PIA before the execution proceedings commenced, thus invalidating the decree holder's claims. The court emphasized the importance of proper attachment procedures and acknowledged that the decree holder had omitted crucial information about the ownership of the warehouse, leading to a misrepresentation in the execution application. This decision highlighted the need for transparency and diligence in legal proceedings to ensure justice. |
| Summary |
This case involves a dispute regarding the execution of a decree issued against Duty Free Shops Ltd. by M.C.B. Bank Ltd. The primary issue at hand was the ownership of a warehouse that was claimed by Pakistan International Airlines Corporation (PIA) as having been transferred to them prior to the decree. The court's decision revolved around the compliance with attachment procedures as outlined in the Civil Procedure Code and the implications of the Limitation Act. The ruling emphasized the necessity for legal practitioners to present all relevant facts to the court to avoid misrepresentation and ensure that genuine claims are not disregarded. The case serves as a vital reference for similar disputes involving property ownership and execution of decrees, reinforcing legal principles that protect the rights of legitimate owners in execution proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan International Airlines Corporation,
Capital Development Authority
|
| Judges |
MUNIB AKHTAR
|
| Lawyers |
Behzad Haider,
Abdul Sattar Lakhani,
Zaki Ahmed,
Jawad A. Sarwana,
Ahmed Nawaz Bhatti,
Kh. Ahsan,
Jam Asif Ali
|
| Petitioners |
M.C.B. BANK LTD.
|
| Respondents |
DUTY FREE SHOP LTD.
|
| Citations |
2011 SLD 165 = 2011 CLD 1430
|
| Other Citations |
Ghulam Mohiuddin and others v. Haji Muhammad and others PLD 1957 Kar. 643,
Bageshwari Charan v. Jagarnath Kuari AIR 1932 PC 55,
Barkatullah Khan v. Abdul Hameed 1981 SCMR 1200,
Malik Naveed Ahmed v. Nasreen Hameed 2005 SCMR 357,
Shabnam Ashraf v. Muhammad M. Iqbal 2003 YLR 495
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Limitation Act (IX of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Transfer of Property Act (IV of 1882),
Registration Act (XVI of 1908),
Companies Ordinance (XLVII of 1984)
|
| Sections |
54,
Art. 11,
19,
S. 54,
Ss. 17 & 49,
S.196
|