| Case ID |
74fe9d89-a431-48b0-b24a-6554e7ad0701 |
| Body |
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| Case Number |
E.F.A. No. 6 of 2015 |
| Decision Date |
Dec 21, 2016 |
| Hearing Date |
Dec 21, 2016 |
| Decision |
The Lahore High Court accepted the objection petition filed by the judgment debtor and set aside the auction proceedings due to inherent defects in the auction process. The court identified multiple violations of mandatory provisions of the Civil Procedure Code, including the failure to specify the auction venue, non-service of notice to the debtor, and improper adherence to the auction schedule. As a result, serious prejudice was caused to the debtor, justifying the reversal of the auction confirmation. |
| Summary |
This case revolves around the auction proceedings conducted by the Banking Court for the recovery of a loan amount decreed against the appellant. The appellant raised objections citing procedural defects, including the lack of specified auction venue, inadequate notice, and improper auction conduct. The High Court found that these defects violated key provisions of the Civil Procedure Code, leading to substantial prejudice against the appellant's rights. Consequently, the court allowed the appeal, set aside the auction proceedings, and reaffirmed the need for strict adherence to procedural requirements in auction processes. This decision underscores the importance of transparency and fairness in judicial auctions, ensuring that all parties are adequately informed and have the opportunity to participate fairly. |
| Court |
Lahore High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
Miss Rabia Ishaq Hanjra
|
| Judges |
ATIR MAHMOOD, JUSTICE,
MUJAHID MUSTAQEEM AHMED, JUSTICE
|
| Lawyers |
Ch. Farhat Nawaz,
Malik Imran Safdar,
Abdul Hameed Baloch
|
| Petitioners |
JAVED IQBAL
|
| Respondents |
NATIONAL BANK OF PAKISTAN THROUGH MANAGER AND OTHERS
|
| Citations |
2017 SLD 2052,
2017 CLD 833
|
| Other Citations |
2011 SCMR 1675,
2014 SCMR 1371,
2014 SCMR 1662,
PLD 2007 SC 582,
2002 SCMR 134,
2011 CLC 1473
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Civil Procedure Code (V of 1908)
|
| Sections |
19,
22,
54(2),
66,
67,
68,
85,
90
|