1995 PLP 646 (CLC)
Mst. HANIFAN BEGUM and others‑‑‑Petitioners Versus I.A.R. COOP. and others‑‑‑Respondents
| Citation | 1995 PLP 646 (CLC) |
| Forum / Court | Lahore |
| Bench Members | Shaikh Abdul Mannan, J |
| Parties | Mst. HANIFAN BEGUM and others‑‑‑Petitioners Versus I.A.R. COOP. and others‑‑‑Respondents |
| Primary Law | Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 646 (CLC)?
This judgment primarily cites: Banking Companies (Recovery of Loans) Ordinance (XIX of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 646 (CLC)?
The case was heard and decided by the Lahore bench comprising: Shaikh Abdul Mannan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 646 (CLC) (Mst. HANIFAN BEGUM and others‑‑‑Petitioners Versus I.A.R. COOP. and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Petitioners.
- Sadiq Hayat Lodhi for Respondent‑Bank.
Headnotes / Summary
‑‑‑‑S. 6‑‑‑Suit for recovery of loan‑‑‑Principal amount taken on loan from Bank was paid by borrower, but amount of interest/compound interest was due to be recovered from borrower‑‑‑Question of recovery of such interest was still pending before Supreme Court, but Bank attached property in dispute and thereafter issued proclamation for auction thereof for recovery of interest‑‑ Property sought to be auctioned found to be joint and unpartitioned‑‑‑Action of Bank for initiating auction proceedings of property which did not wholly belong to borrower was illegal.
Judgment & Decree
I.A.R. COOP. and others‑‑‑Respondents Writ Petition No. 316 of 1976, decided on 21st November, 1993. ‑‑‑‑S. 6‑‑‑Suit for recovery of loan‑‑‑Principal amount taken on loan from Bank was paid by borrower, but amount of interest/compound interest was due to be recovered from borrower‑‑‑Question of recovery of such interest was still pending before Supreme Court, but Bank attached property in dispute and thereafter issued proclamation for auction thereof for recovery of interest‑‑ Property sought to be auctioned found to be joint and unpartitioned‑‑‑Action of Bank for initiating auction proceedings of property which did not wholly belong to borrower was illegal. Nemo for Petitioners. Sadiq Hayat Lodhi for Respondent‑Bank.