| Case ID |
dffa1a57-c371-428f-9acc-a58027cf1896 |
| Body |
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| Case Number |
Civil Appeal No.900 of 1998 |
| Decision Date |
Aug 25, 1999 |
| Hearing Date |
May 31, 1999 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed against the judgment of the Sindh High Court, which had remanded the case related to the sale of the properties of Karachi Cardiac and General Hospital (Pvt.) Limited. The High Court's decision to remand was based on the argument that the acceptance of the bid made by the appellants was done without giving proper notice to the respondents, specifically Mrs. Sarah Shafqat. However, the Supreme Court found that the confirmation of the sale was justified as the properties had been advertised multiple times and failed to attract any bids. It was concluded that the process was conducted in accordance with the law, and the appellants had deposited the full sale price, justifying the sale's validity. The Supreme Court restored the decision of the learned Single Judge, emphasizing that the sale was executed properly and that no prejudice was caused to the respondents due to the previous proceedings. |
| Summary |
In the case of Civil Appeal No.900 of 1998, the Supreme Court of Pakistan addressed the issue of the sale of properties belonging to Karachi Cardiac and General Hospital (Pvt.) Limited. The Industrial Development Bank of Pakistan had filed an application for the recovery of loans, leading to the attachment and subsequent sale of the hospital's properties. The crux of the case revolved around whether the acceptance of bids for the properties was conducted fairly and legally, particularly concerning the notice given to interested parties. The Supreme Court found that the sale process was transparent, as multiple auction attempts had been made, all failing to attract competitive bids. The Court emphasized the importance of adhering to legal procedures while also recognizing that the appellants had complied with all requirements by depositing the agreed sale price. This decision reinforced the legal framework governing the enforcement of claims by banks, particularly under the Industrial Development Bank of Pakistan Ordinance, and highlighted the balance between creditor rights and due process in judicial proceedings. The ruling serves as a precedent for future cases involving similar issues surrounding the sale of mortgaged properties and the obligations of parties involved in such transactions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Industrial Development Bank of Pakistan,
Karachi Cardiac and General Hospital (Pvt.) Limited
|
| Judges |
SAIDUZZAMAN SIDDIQUI,
MAMOON KAZI,
CH. MUHAMMAD ARIF
|
| Lawyers |
Sharifuddin Pirzada, Senior Advocate Supreme Court,
Anwar Mansoor, Advocate Supreme Court,
Abdul Hafeez Pirzada, Senior Advocate Supreme Court,
Abdul Kadir Khan, Advocate Supreme Court,
Mehr Khan Malik, Advocate-on-Record,
Afsar Abidi, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record
|
| Petitioners |
another,
Dr. Mrs. TALAT KHAN
|
| Respondents |
6 others,
Mrs. SARAH SHAFQAT
|
| Citations |
2000 SLD 737,
2000 SCMR 184,
2000 SLD 1148
|
| Other Citations |
Firdous Trading Corporation v. Japan Cotton and General Trading Company Ltd.,
PLD 1961 (W.P.) Kar. 565,
Pakistan Fisheries Ltd. v. United Bank Limited,
PLD 1993 SC 109,
Haji Razzaq v. Usman PLD 1975 Kar. 944
|
| Laws Involved |
Industrial Development Bank of Pakistan Ordinance, 1961,
Law Reforms Ordinance, 1972,
Code of Civil Procedure (Amendment) Ordinance, 1980
|
| Sections |
39,
39(1),
39(11),
15,
3,
15
|