2007 PLP 852 (CLD)
MUHAMMAD NAEEM and another — Appellants Versus BANK OF KHYBER through Branch Manager and 2 others — Respondents
| Citation | 2007 PLP 852 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD NAEEM and another — Appellants Versus BANK OF KHYBER through Branch Manager and 2 others — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2007 PLP 852 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 852 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 852 (CLD) (MUHAMMAD NAEEM and another — Appellants Versus BANK OF KHYBER through Branch Manager and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Zafar for Respondents.
Headnotes / Summary
Ss. 9, 12(2), 19 & 22
Execution of decree;--First appeal
Counsel for decree-holders had no objection, if impugned order was set aside and matter was sent back to the Trial Court which would decide the case after framing of issues and recording evidence of the parties on the point; whether service of defendants was effected upon a correct address or otherwise-Parties had agreed that till the disposal of application of defendants under S.12(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 by the Banking Court, they would not alienate or encumber the property, which the Bank/decree-holder claimed to have been mortgaged with it; whereas decree-holders would not get the ' decree executed against defendants till such decision.
Judgment & Decree
Learned counsel for the respondents has no objection if the impugned order is set aside and matter is sent back to the trial Court, which shall decide the case after framing of issues and recording evidence of the parties on the point whether service of the appellants was effected upon a correct address or otherwise: However, it has been agreed between the parties that till the disposal of the application of the appellants under section 12(2) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 by the Banking Court the appellants shall not alienate or encumber the property, which the respondent-Bank claims to have been mortgaged with it whereas, the respondents/decree-holder shall not get the decree executed against the appellants, till such decision. H.B.T. /M-194/L Order accordingly.