| Case ID |
3054af75-faf1-4a76-92f1-41fbed84899f |
| Body |
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| Case Number |
Const. P. No(s). 81 of 2022 |
| Decision Date |
Mar 20, 2023 |
| Hearing Date |
Feb 22, 2023 |
| Decision |
The court found that the executing court had committed a serious illegality by issuing warrants of arrest without providing notice to the petitioner, which is required under Section 51 of the Civil Procedure Code. The decision emphasized the legislative intention to protect citizens from personal humiliation in their capacity as judgment debtors. Consequently, the court partly allowed the petition, setting aside the impugned order dated April 6, 2022, and directed the executing court to proceed with execution proceedings in accordance with the law, ensuring that the rights of the petitioner were respected. |
| Summary |
In the case of M/s. WELCOME PRINCE RICE MILL versus NATIONAL BANK OF PAKISTAN, the Quetta High Court ruled on a constitutional petition concerning the issuance of warrants of arrest against the petitioner due to non-repayment of a loan. The court highlighted the importance of procedural fairness and the necessity of issuing a notice before such actions. The decision referenced the Civil Procedure Code and the Financial Institutions Ordinance, establishing that the executing court failed to comply with legal requirements, which led to the annulment of the arrest warrants. The case underscores the legal protections available to individuals facing execution proceedings, emphasizing the balance between creditor rights and debtor protections in financial disputes. |
| Court |
Quetta High Court
|
| Entities Involved |
Not available
|
| Judges |
Nazeer Ahmad Langove,
Iqbal Ahmed Kasi
|
| Lawyers |
Mr. Khursheed Anwar Khosa,
Mr. Muhammad Ali Khushnood
|
| Petitioners |
M/s. WELCOME PRINCE RICE MILL through Partners
|
| Respondents |
NATIONAL BANK OF PAKISTAN through Manager and another
|
| Citations |
2024 SLD 4020,
2024 PLJ 105
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
51,
37,
66,
9
|