| Case ID |
d4fda053-cdc1-4c24-bfd1-1b65493ad874 |
| Body |
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| Case Number |
Execution No.69 of 2008 and C.M.A. No.908 of 2010 |
| Decision Date |
Jul 15, 2011 |
| Hearing Date |
|
| Decision |
The Sindh High Court, presided by Justice Munib Akhtar, ruled in favor of the Pakistan International Airlines Corporation (PIA) regarding the ownership of a warehouse that had been the subject of an execution application by MCB Bank Ltd. against Duty Free Shop Ltd. The court determined that the warehouse had been transferred to PIA by the Judgment Debtor prior to the order of attachment and even before the decree itself was made. Consequently, the court set aside the sale and order of attachment related to the warehouse, affirming that the objections raised by PIA were valid and substantiated. |
| Summary |
In the case between MCB Bank Ltd. and Duty Free Shop Ltd., the Sindh High Court addressed complexities surrounding the execution of a decree and the rights of third parties. The court examined the implications of the Civil Procedure Code, particularly emphasizing the importance of proper notification and compliance with attachment procedures. As a result, it concluded that the Pakistan International Airlines Corporation, having acquired ownership of the warehouse prior to the execution order, was entitled to have the attachment lifted. The ruling underscores the necessity for due diligence and transparency in the execution of decrees, reinforcing the legal protections afforded to bona fide claimants in property disputes. The case serves as a significant precedent for future matters concerning property transfers and execution proceedings in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Pakistan International Airlines Corporation,
Capital Development Authority,
MCB Bank Ltd.,
Duty Free Shops Ltd.
|
| Judges |
Munib Akhtar
|
| Lawyers |
Behzad Haider,
Abdul Sattar Lakhani,
Zaki Ahmed,
Jawad A. Sarwana,
Ahmed Nawaz Bhatti,
Kh. Ahsan,
Jam Asif Ali,
Qadir Bux Umrani
|
| Petitioners |
Pakistan International Airlines Corporation
|
| Respondents |
MCB Bank Ltd.,
Duty Free Shop Ltd.
|
| Citations |
2011 SLD 126,
2011 PLD 586
|
| Other Citations |
Ghulam Mohiuddin and others v. Haji Muhammad and others PLD 1957 Kar. 643,
Bageshwari Charan v. Jagarnath Kuari AIR 1932 PC 55
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Transfer of Property Act (IV of 1882),
Registration Act (XVI of 1908),
Companies Ordinance (XLVII of 1984),
Limitation Act (IX of 1908)
|
| Sections |
54,
O. XXI, Rr. 54 & 58(1),
19,
1 & 2,
17,
196,
Art.11
|