| Case ID |
25e403b4-1e96-48ca-ba4e-fbde9aec6a8d |
| Body |
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| Case Number |
First Appeal No.50 of 2012 |
| Decision Date |
Dec 21, 2012 |
| Hearing Date |
Dec 04, 2012 |
| Decision |
The appeal was dismissed as the High Court declined to interfere with the order passed by the Banking Court, which dismissed the objections petitions and confirmed the sale in favour of the auction-purchaser. The court found that the applications under Order XXI, Rule 89, C.P.C. were filed without substantial compliance, and therefore, were treated as if no such applications had been preferred. The court emphasized that the inadvertence or mistake on the part of the court could not take away the rights of the auction-purchaser, who had deposited the bid amount as per law. The principle laid down in previous cases was cited, reinforcing that once a sale has been confirmed, third-party interests cannot be disregarded. |
| Summary |
The case revolves around the execution of a decree under the Civil Procedure Code and the Financial Institutions (Recovery of Finances) Ordinance. The Sindh High Court dealt with an appeal concerning the confirmation of an auction sale by a Banking Court. The appellants contended that their applications to set aside the sale were not disposed of properly, and the sale was confirmed without adequately addressing their claims. The High Court found that the appellants failed to comply with procedural requirements, leading to the dismissal of their appeal. This case highlights the importance of adhering to legal procedures in financial disputes and the protection of auction-purchaser rights after a sale has been confirmed. Key terms include auction proceedings, Civil Procedure Code, financial recovery, and judicial decisions in banking disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM, C.J.,
MUHAMMAD SHAFI SIDDIQUI, J
|
| Lawyers |
Muhammad Yaseen Azad,
Nemo,
Ms. Sana Akram Minhas
|
| Petitioners |
others,
Mst. NOOR KHATOON
|
| Respondents |
another,
Messrs HABIB BANK LTD.
|
| Citations |
2013 SLD 726,
2013 CLC 702
|
| Other Citations |
Hudaybia Textile Mills Ltd. v. Allied Bank of Pakistan PLD 1987 SC 512,
United Bank Limited v. Messrs A.Z. Hashmi (Pvt.) Limited 2000 CLC 1438,
Tribhovandas v. Ratilal AIR 1968 SC 372,
Unicom Enterprises v. Banking Court No.5 2004 CLD 1452,
Lutfur Rahman v. Mst. Tahera Khatun and others PLD 1961 Dacca 303
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
O.II,R.2,
O.XXI,R.89(1)(a)(b),
19
|