| Case ID |
3851b5b8-9ca5-4aa9-ab75-35325e4133ab |
| Body |
View case body. Login to View |
| Case Number |
F.A. No. 237 of 2006 |
| Decision Date |
Aug 03, 2006 |
| Hearing Date |
Jul 20, 2006 |
| Decision |
The appeal was allowed, and the impugned order dated 1.6.2006 was set aside. The appellant's objection petition was granted, and the property in question was ordered to be released from attachment. The court found that the appellant was neither a mortgagor nor a guarantor nor a debtor, and the property had no nexus with the judgment debtor. The sale deed was deemed a legitimate document, and the court held that the attachment was based on misinformation provided by the respondent bank. |
| Summary |
This case revolves around the recovery of finances under the Financial Institutions (Recovery of Finances) Ordinance, 2001 and the Transfer of Property Act, 1882. The appellant, Muhammad Imran Sheikh, challenged the attachment of his property by the Habib Bank Ltd. during execution proceedings of an ex-parte decree against a judgment debtor. The Lahore High Court ruled that the property in question was not connected to the judgment debtor, thus the attachment was improper. The decision highlights the importance of proper documentation and the legal implications of fraudulent transfers, emphasizing the rights of property owners against wrongful claims by financial institutions. Keywords like 'property rights', 'financial recovery', and 'legal representation' are pivotal in understanding the context of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Hamid Farooq,
Syed Hamid Ali Shah
|
| Lawyers |
Mr. M. Asghar Hameed Bhutta,
Mr. Muhammad Shujah Baba
|
| Petitioners |
MUHAMMAD IMRAN SHEIKH
|
| Respondents |
HABIB BANK LTD. STOCK EXCHANGE BRANCH, Lahore
|
| Citations |
2007 SLD 3066,
2007 PLJ 98
|
| Other Citations |
Not available
|
| Laws Involved |
Transfer of Property Act, 1882,
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
53,
22
|