| Case ID |
5cb35318-470c-458b-9ae6-df80081b9931 |
| Body |
View case body. Login to View |
| Case Number |
Suit No. 540 of 2002 |
| Decision Date |
Dec 11, 2002 |
| Hearing Date |
Dec 11, 2002 |
| Decision |
The application for the appointment of a receiver was dismissed with costs, based on the principle that the plaintiff's rights were subordinate to the rights of the mortgagee, particularly since a mortgage decree existed in favor of the National Bank of Pakistan. The court determined that the intervenors' claims for damages were frivolous, given the established mortgage and the presence of an official assignee already taking possession of the mortgaged property. The court emphasized that any agreements made post-mortgage decree would not supersede the rights of the mortgagee, highlighting the legal precedence of mortgage rights over other claims. |
| Summary |
In the case of Suit No. 540 of 2002, the Sindh High Court dealt with a dispute involving the appointment of a receiver for Noori Textile Mills Limited. The plaintiff, Abdul Karim, sought to enforce his rights stemming from a Joint Venture Business Agreement, while the defendants argued that existing mortgage decrees took precedence over any claims made by the plaintiff. The court dismissed the plaintiff's application, reinforcing the principle that mortgage rights are superior to other interests in the property. The case highlighted the importance of understanding the implications of mortgage decrees in civil litigation and the necessity for parties to acknowledge existing legal encumbrances. This case serves as a crucial point of reference for similar disputes involving property rights and mortgage claims, emphasizing the need for legal clarity in business agreements and the management of mortgaged assets. Keywords: mortgage rights, civil procedure, property law, receiver appointment, legal precedence, joint venture agreement, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
National Bank of Pakistan,
M.K.M. Textile Products
|
| Judges |
MUSHIR ALAM, J
|
| Lawyers |
Luqman-ul-Haque,
Muhammad Sharif,
Adnan Karim,
Mr. Adrian Karim
|
| Petitioners |
ABDUL KARIM
|
| Respondents |
Messrs NOORI TEXTILE MILLS LTD.,
Zakaria Ghani
|
| Citations |
2003 SLD 2672 = 2003 CLC 1333
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O. XL, R. 1
|