| Case ID |
39150712-7194-4ad6-9705-940fa3419ded |
| Body |
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| Case Number |
First Appeal from Order No.360 of 2002 |
| Decision Date |
Mar 20, 2003 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled in favor of the appellants, Messrs Ripple Jewellers, determining that the execution proceedings conducted by the Banking Court were flawed due to the lack of proper notice issued to the judgment-debtors as mandated by Order XXI, Rule 66 of the Civil Procedure Code. The court established that the auction sale, which had occurred without the necessary notices being served, was thus rendered null and void. Consequently, the court set aside the sale in favor of the auction purchaser, directing that the execution petition remain pending for further proceedings in accordance with the law until the recovery of the decretal amount. The court also ordered the respondent bank to refund the auction purchaser the sum of Rs. 11,65,951 within a specified period. |
| Summary |
In the case of Messrs Ripple Jewellers (PVT.) LTD. vs. FIRST WOMAN BANK, the Lahore High Court addressed significant procedural errors in the execution of a decree for recovery of finances. The court found that the Banking Court failed to issue required notices to judgment-debtors prior to conducting a public auction of their property, which is a critical procedural safeguard under the Civil Procedure Code. This failure invalidated the auction sale, emphasizing the importance of adhering to legal requirements in execution proceedings. The court's decision is a pivotal reminder for financial institutions and legal practitioners about the necessity of compliance with procedural mandates to ensure the validity of judicial actions. The ruling not only reinstates the rights of the appellants but also sets a precedent regarding the enforcement of notices in financial recovery cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Messrs RIPPLE JEWELLERS (PVT.) LTD.,
FIRST WOMAN BANK,
Messrs Muslim Commercial Bank Limited
|
| Judges |
MUHAMMAD SAYEED AKHTAR,
MIAN HAMID FAROOQ
|
| Lawyers |
Tariq Mehmood Randhawa,
Muhammad Ikram,
Muhammad Saleem
|
| Petitioners |
Messrs RIPPLE JEWELLERS (PVT.) LTD.
|
| Respondents |
FIRST WOMAN BANK
|
| Citations |
2003 SLD 2956,
2003 CLD 1318
|
| Other Citations |
Brig. (Retd.) Mazhar-ul-Haq and another v. Messrs Muslim Commercial Bank Limited, Islamabad and another PLD 1993 Lah. 706
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
19,
22,
O. XXI, Rr. 66,
O. XXI, Rr. 90
|