| Case ID |
d68a29e5-9ce0-4e6d-8582-0f5abf00b3e4 |
| Body |
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| Case Number |
Execution First Appeal No.111 of 2002 |
| Decision Date |
Feb 10, 2003 |
| Hearing Date |
Feb 10, 2003 |
| Decision |
The Lahore High Court dismissed the appeal filed by the judgment debtors, Rafiq Ahmed Sanauri and others, against the Banking Court's orders. The appellants had failed to comply with the directive to deposit 20% of the sale price of mortgaged properties as stipulated in Order XXI, Rule 90 of the Civil Procedure Code. The court noted that the appellants had previously accepted the court's orders regarding the deposit and subsequently sought an extension of time, which further precluded them from filing for a review of the earlier orders. The court emphasized that the scope of review is limited, and the appellants did not establish any error warranting a review. Thus, the decision of the Banking Court was upheld, affirming the legitimacy of the sale and the orders made therein. |
| Summary |
In the case of Execution First Appeal No.111 of 2002, the Lahore High Court addressed a dispute involving Rafiq Ahmed Sanauri and others against the Union Bank Limited over the execution of a decree for the recovery of loans. The appellants had failed to deposit the required 20% of the sale price of mortgaged properties as mandated by the court. The case revolved around the Banking Companies (Recovery of Loans) Act and the Civil Procedure Code. The court highlighted the importance of compliance with court orders and the narrow grounds upon which review applications can be entertained. Ultimately, the High Court found no merit in the appeal and upheld the Banking Court's orders, reiterating the legal principles governing the execution of decrees and the obligations of judgment debtors. This case underscores critical aspects of banking law and civil procedure, making it a significant reference for similar disputes in the financial sector. |
| Court |
Lahore High Court
|
| Entities Involved |
UNION BANK LIMITED
|
| Judges |
MIAN SAQIB NISAR,
JAWWAD S. KHAWAJA
|
| Lawyers |
Haq. Nawaz Chattha,
Mushtaq Mehdi Akhtar,
Sajid Mehmood Sheikh
|
| Petitioners |
3 others,
RAFIQ AHMED SANAURI
|
| Respondents |
5 others,
UNION BANK LIMITED through Branch Manager
|
| Citations |
2003 SLD 2992,
2003 CLD 1570
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act,
Civil Procedure Code
|
| Sections |
18,
21,
114,
O.XXI, R.90,
O.XLVII, R.1
|