2003 PLP 57 (CLD)
others‑‑‑Appellants Versus NATIONAL BANK OF PAKISTAN and another‑‑‑Respondents
| Citation | 2003 PLP 57 (CLD) |
| Forum / Court | Lahore |
| Bench Members | Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ |
| Parties | others‑‑‑Appellants Versus NATIONAL BANK OF PAKISTAN and another‑‑‑Respondents |
Q1: What are the key laws and sections cited in 2003 PLP 57 (CLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 57 (CLD)?
The case was heard and decided by the Lahore bench comprising: Jawwad S. Khawaja and Abdul Shakoor Paracha, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 57 (CLD) (others‑‑‑Appellants Versus NATIONAL BANK OF PAKISTAN and another‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Maqbool Elahi Malik and Sh. Khalid Habib for Appellants.
- Mian M. Qamar‑uz‑Zaman for Respondent No. 1.
- Shahid Karim for Respondent No.2.
- Date of hearing; 26th June, 2002.
Headnotes / Summary
Banking Companies (Recovery of Loans, Advances, Credit: and Finances) Act (XV of 1997)‑‑‑ ‑‑‑Ss. 18 & 21‑‑‑Civil Procedure ‑Code (V of 1908), S.12(2) 6 O.XXI. Rr. 90, 92 & 94‑‑‑Execution of decree‑‑‑Sale of mortgaged property‑‑‑Application for setting aside auction proceedings being based on fraud and having been conducted with material irregularity was dismissed by Executing Court and instead confirmed the sale and ordered to issue sale ‑certificate to auction‑purchaser ‑‑‑Judgment -debtor thereafter filed application praying that he was ready to pay Rs.20 lacs in lump sum and regarding remaining amount instalments be made and mark‑up be written off ‑‑Validity‑‑‑Auction proceedings had taken place in presence of one of the judgment‑debtors, and‑ on his failure to pay decretal amount, property had been sold in execution of decree‑‑‑Execution having already been held, in circumstances, Executing Court could not go behind the decree‑‑Mere filing of application under S. 12(2), C.P.C., was no ground under law to set aside the auction‑‑‑High Court dismissed appeal in circumstances.
Judgment & Decree
ABDUL SHAKOOR PARACHA, J.‑‑‑This appeal impugns the order dated 26‑6‑2001, whereby the learned Banking Court No.II, Lahore dismissed the application filed by the appellant for setting aside of the auction proceedings, and confirmed the sale vide his order dated 4‑7‑2001 and sale certificate has been ordered to be issued in favour of the respondent.
2. Before us, learned counsel for the appellant contends that the whole auction proceedings are based on fraud and have been conducted with material illegality and irregularity.
3. The auction took place in the presence of one of the judgment‑debtors namely Naseer Ahmad. The appellant has not offered to pay the decretal amount and the property has been sold in execution of the decree. The appellants' contention that the purchase‑money shown in the auction is much less than the actual price of the property is not tenable. Further, the appellant contends that he has filed an application under Section 12(2), C.P.C., therefore, the auction be set aside cannot be entertained, because mere filing of an application is no ground under the law to set aside the auction. The objection petition was dismissed vide order dated 26‑6‑2001, and thereafter the appellant moved an application with the prayer that he is ready to pay Rs.20 lacs in lump sum and regarding the remaining amount instalments be made and mark‑up be written off. Execution has already been held and the Executing Court cannot go‑behind the decree. No exception can be taken to the orders dated 26‑6‑2001 and 4‑7‑2001. Resultantly, this appeal fails and the same is dismissed. S.A.K./N‑223/L Appeal dismissed.