2011 PLP 316 (CLD)
MUHAMMAD ASIF — Appellant Versus ZARAI TARQIATI BANK LIMITED, PHALIA MANDI, BAHAUDDIN and 3 others — Respondents
| Citation | 2011 PLP 316 (CLD) |
| Forum / Court | Lahore |
| Bench Members | Mian Saqib Nisar and Hafiz Tariq Nasim, JJ |
| Parties | MUHAMMAD ASIF — Appellant Versus ZARAI TARQIATI BANK LIMITED, PHALIA MANDI, BAHAUDDIN and 3 others — Respondents |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2011 PLP 316 (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 2011 PLP 316 (CLD)?
The case was heard and decided by the Lahore bench comprising: Mian Saqib Nisar and Hafiz Tariq Nasim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 316 (CLD) (MUHAMMAD ASIF — Appellant Versus ZARAI TARQIATI BANK LIMITED, PHALIA MANDI, BAHAUDDIN and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nazeer Ahmad for Appellant.
- Muhammad Shuja Baba for Respondent.
Headnotes / Summary
Ss. 19 & 22
Appellant's property having been mortgaged with the respondent bank, without first seeking the sale of the property for the satisfaction of decree, no warrants of arrest of the appellant could be issued
Order issuing warrant of arrest having been passed without jurisdiction was declared unlawful and was set aside, in circumstances. Precision Engineering Limited and others v. The Grays Leasing Limited PLD 2000 Lah. 290 ref.
Judgment & Decree
Counsel for the respondent-Bank has raised an objection that the present F.A.O. is not competent, rather the appellant should have filed an Execution First Appeal. Considering the objection valid, we direct the conversion of this appeal to E.F.A. Office is directed to number it accordingly.
2. On merits, we find that the appellant's property is mortgaged with the respondent-Bank, thus without first seeking the sale of the property for the satisfaction of decree and fulfilling the condition laid down in Precision Engineering Limited and others v. The Grays Leasing Limited PLD 2000 Lah. 290, no warrants of arrest of the appellant could be issued, therefore, the order dated 2-11-2004 having been passed without jurisdiction is declared unlawful and is set aside, with the consequence that all the orders following as also the latest in line dated 17-12-2008 are also set annulled. The appeal is disposed of accordingly. H.B.T./M-585/L Appeal allowed.