| Case ID |
37a60a16-ab61-41c4-9a33-a088f2ad35b9 |
| Body |
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| Case Number |
E.F.A. No. 149 of 2000 |
| Decision Date |
May 14, 2002 |
| Hearing Date |
May 14, 2002 |
| Decision |
The Lahore High Court found that the auction purchaser's payment of bid money through cheques was valid under the provisions of the Civil Procedure Code. The Court determined that the requirement for cash payment was not explicitly mandated by the auction proclamation. Additionally, the Court ruled that the objector's claim lacked merit, as it was not supported by registered title and the objection petition was dismissed. The High Court accepted the appeal from the auction purchaser and set aside the impugned order directing the sale confirmation to proceed. |
| Summary |
In the case of E.F.A. No. 149 of 2000, the Lahore High Court addressed the legality of payments made via cheques in the context of property auctions. The Court emphasized the importance of interpreting the rules of the Civil Procedure Code in light of contemporary practices, affirming that cheques are valid forms of payment if duly encashed. The Court ruled in favor of the auction purchaser, highlighting that neither the decree holder nor judgment debtors raised objections regarding the sale process. This case underscores the evolving interpretation of legal provisions concerning auction payments and the rights of parties involved. Key legal principles from the Banking Companies Act and the Civil Procedure Code were pivotal in this decision, which is significant for future cases involving auction sales and payment methods. |
| Court |
Lahore High Court
|
| Entities Involved |
National Bank of Pakistan,
TRUST LEASING CORPORATION LTD.,
SHAUKAT ALI MIAN,
Messrs Dawood Flour Mills
|
| Judges |
M. JAVED BUTTAR,
SYED JAMSHED ALI
|
| Lawyers |
Syed Najam ul Hassan Kazmi,
Atif Amin,
Abdul Hamid Chowhan
|
| Petitioners |
SHAUKAT ALI MIAN
|
| Respondents |
4 others,
TRUST LEASING CORPORATION LTD. through Chief Executive
|
| Citations |
2002 SLD 706,
2002 CLD 1071
|
| Other Citations |
1999 MLD 3205,
AIR 1954 SC 429,
AIR 1989 SC 1553,
PLD 1959 Lah.224,
PLD 1989 SC 146,
1999 MLD 2127
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997,
Negotiable Instruments Act, 1881,
Civil Procedure Code (V of 1908)
|
| Sections |
18,
21,
82,
O.XXI,Rr.84,
O.XXI,Rr.85,
O.XXI,Rr.89,
O.XXI,Rr.90,
O.XXI,Rr.91
|