| Case ID |
4271c054-0109-47c2-98f7-748d6ae44bf8 |
| Body |
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| Case Number |
F.A.O. No.294 of 2004 |
| Decision Date |
Apr 19, 2005 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the impugned order of the Banking Court regarding the issuance of warrants of arrest of the appellants was set aside. The court found that the Banking Court issued the warrants without satisfying the pre-requisites as laid out in Section 51 of the Civil Procedure Code. The appellants were not given an opportunity to contradict the affidavit on which the warrants were issued, leading to the conclusion that the issuance of such warrants was not sustainable in law. The decision emphasized the need for adherence to legal principles regarding the detention of judgment-debtors. |
| Summary |
In the case of MESSRS 3-A TRADE IMPEX THROUGH PARTNER AND 2 OTHERS vs. ASKARI COMMERCIAL BANK LTD., the Lahore High Court addressed significant issues regarding the execution of decrees and the detention of debtors under the Civil Procedure Code. The court scrutinized the Banking Court's actions in issuing warrants of arrest against the appellants based solely on an affidavit, without considering the necessary legal requirements outlined in Section 51 of the Civil Procedure Code. This case highlights the importance of due process and the rights of judgment-debtors, particularly in financial recovery proceedings. The decision reiterates that affidavits must be substantiated by cross-examination to be admissible in court, ensuring that all parties have the opportunity to defend their positions. The case sets a precedent for future legal proceedings involving the detention of debtors, ensuring that the courts uphold the principles of justice and fairness. The ruling serves as a reminder for legal practitioners about the critical need for adherence to procedural safeguards in the execution of decrees, particularly in financial disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
ASKARI COMMERCIAL BANK LTD.,
3-A TRADE IMPEX
|
| Judges |
MIAN HAMID FAROOQ, JUSTICE,
SYED HAMID ALI SHAH, JUSTICE
|
| Lawyers |
A.K. Dogar for Appellants,
Sh. Ashiq Pervaiz and Ch. Muhammad Yasir Bhatti for Respondent
|
| Petitioners |
MESSRS 3-A TRADE IMPEX THROUGH PARTNER AND 2 OTHERS
|
| Respondents |
ASKARI COMMERCIAL BANK LTD. THROUGH BRANCH MANAGER
|
| Citations |
2005 SLD 393,
2005 CLD 1379
|
| Other Citations |
Ghulam Hussain v Riaz Ahmed 1987 CLC 1227,
Munsif Dad v. WAPDA PLD 1991 AJK 8,
Muhammad Nawaz v. Barkat Ali PLD 2004 Lah. 21,
Syed Shaffat Hussain v. Kamran Khokhar 2000 MLD 801,
Precision Engineering Ltd. and others v. The Grays Leasing Limited PLD 2000 Lah. 290,
Muhammad Anwar v. Shaukat Ali and another 2000 CLC 1086
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XL VI of 2001)
|
| Sections |
51
|