2010 PLP 460 (YLR)

M.A. ZAFAR, J.

Sate Bank of Pakistan has filed this revision petition under section 115, C.P.C. against the order dated 27-10-2007 passed by learned Civil Judge, Rawalpindi whereby he was directed to attach Rs.53,05,772 from the account of respondent No.2 and produce the cheque in Court otherwise Chief Manager appear in person on 5-12-2008and the earlier order relating to Sialkot was reviewed.

2. Brief facts of the case are that Messrs K.B.H Amin & Sons (Pvt.) Ltd., Government Contractors, (respondent No.1) filed suit for recovery of Rs.46,38,550 against Federation of Pakistan through Secretary Ministry of Defence Government of Pakistan, Rawalpindi (respondent No.2), which was decreed in favour of respondent No.1.

3. Feeling aggrieved from the judgment and decree dated 2-10-1996 passed by the learned Civil Judge in favour of respondent No.1, respondent No.2 filed an appeal (R.F.A No.79/97) in this Court, which was party allowed to the extent of Rs.15,97,099 with interest at the Bank rate from the date of decree passed by the learned trial Court vide judgment and decree dated 31-3-2008.

4. Respondent No.1 filed an application for the execution of the decree in the Court of learned District Judge, Rawalpindi due to the reasons that the Court of learned Civil Judge, who passed the decree, had abolished by that time. The matter was entrusted to learned Civil Judge for execution. The learned Executing Court vide order dated 30-7-2008 attached account of GE Army-1 maintained in State Bank of Pakistan, Sialkot as matter pertains to Sialkot City. On 6-8-2008 learned counsel appearing on behalf of respondent No.1 made statement in the Executing Court that no Account of GE Army-1 is available in Sialkot, thereafter, learned Civil Judge recalled his earlier order and attached account No. GE Construction-II maintained in State Bank of Pakistan, Rawalpindi vide order dated 6-9-2008. On 27-9-2008 the representative of the petitioner appeared in the Court and stated that since the matter pertains to Sialkot, the attachment may be made from the said account. The learned Executing Court issued show-cause notice to the Manager of the petitioner for 27-10-2008 on account of non-complying with the orders of the Court. On 27-10-2008, the learned Civil Judge directed the petitioner's Bank to attach the account GE Construction-II, Rawalpindi (Ministry of Defence) and produce the cheque of Rs.53,05,772 in the Court, otherwise Chief Manager to appear in person in Court on 5-12-2008, which order has been impugned in the present revision petition.

5. Learned counsel for the petitioner submits that respondent No.1 made a wrong statement before the learned Executing Court that GE Army-1 was not maintaining its account in the State Bank of Pakistan, Sialkot. He further submits that there was no justification with the learned Executing Court to recall his earlier order, dated 6-9-2008 attaching the account of GE Army-1, maintained at Sialkot and instead thereof to attach the account of GE Construction II Rawalpindi (Ministry of Defence).

6. After hearing learned counsel for the petitioner I find that petitioner is only custodian of the amount lying with it. Petitioner is under obligation to obey the order of the Court and he has nothing to do with the decree passed in favour of respondent No.1 against respondent No.2. Respondent No.2/judgment-debtor has not come forward to assail the order dated 27-10-2008 passed by learned Civil Judge recalling his earlier attachment order relating to Sialkot and thus present petition on behalf of the petitioner is misconceived, particularly when both the accounts are under the control of Ministry of Defence against whom the decree has been passed, therefore, the present petition is dismissed in limine. H.B.T./S-240/L Petition dismissed.