| Case ID |
d5256cb1-aa91-4e27-8157-30eb4d3db3cb |
| Body |
View case body. Login to View |
| Case Number |
I.C.A. No. 16 of 2015 |
| Decision Date |
Jan 29, 2015 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant had failed to present valid grounds for delaying the execution of the compromise decree. The court found that the appellant was aware of the proceedings and had delayed the case on various pretexts. The court reaffirmed the applicability of the Financial Institutions (Recovery of Finances) Ordinance, 2001, allowing the financial institution to seek possession of the mortgaged property even prior to auction. The execution proceedings were deemed valid, and the appellant was given the opportunity to raise objections during the execution process, which he failed to do. |
| Summary |
In the case of I.C.A. No. 16 of 2015, the Islamabad High Court addressed the execution of a compromise decree under the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court ruled on the rights of financial institutions to sell mortgaged properties and confirmed the procedures that must be followed during execution. The appellant, EHSAN ULLAH QURESHI, contested the execution on the grounds of being 'condemned unheard,' claiming that he was misinformed about the cause list being canceled. However, the court found that the appellant had been delaying proceedings and had not challenged previous decisions regarding the objections raised. The court emphasized that the execution of decrees must comply with both the specific provisions of the Ordinance and the general procedures outlined in the Civil Procedure Code, 1908. The decision reinforced the authority of banking courts in executing decrees, allowing for possession of mortgaged properties prior to auction. This case highlights the importance of timely participation in legal proceedings and the consequences of delay tactics in financial disputes. |
| Court |
Islamabad High Court
|
| Entities Involved |
Islamabad High Court,
United Bank Limited
|
| Judges |
ATHAR MINALLAH,
AAMER FAROOQ
|
| Lawyers |
Learned counsel for the appellant,
Learned counsel for the respondent/bank
|
| Petitioners |
EHSAN ULLAH QURESHI
|
| Respondents |
UNITED BANK LIMITED through Manager
|
| Citations |
2015 SLD 2807,
2015 CLD 938
|
| Other Citations |
Muhammad Hussain v. IDBP 2014 MLD 192
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Civil Procedure Code, 1908
|
| Sections |
15(6),
19,
7,
O. XXI, R. 66
|