2002 PLP 1632 (MLD)
AL‑FAROOQ BUILDERS‑‑‑Plaintiff Versus FEDERATION OF PAKISTAN, CHAMBER OF COMMERCE AND INDUSTRY‑‑‑Respondent
| Citation | 2002 PLP 1632 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Mushir Alam, J |
| Parties | AL‑FAROOQ BUILDERS‑‑‑Plaintiff Versus FEDERATION OF PAKISTAN, CHAMBER OF COMMERCE AND INDUSTRY‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 1632 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1632 (MLD)?
The case was heard and decided by the Karachi bench comprising: Mushir Alam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1632 (MLD) (AL‑FAROOQ BUILDERS‑‑‑Plaintiff Versus FEDERATION OF PAKISTAN, CHAMBER OF COMMERCE AND INDUSTRY‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Civil Procedure Code (V of 1908)‑‑‑ ‑‑‑‑O.XXI, Rr.10 & 24‑‑‑Execution of decree‑‑‑Application for ‑‑‑Decree- holder had submitted that proceedings were stayed since matter was pending before Supreme Court, but Supreme Court having declined leave to appeal to judgment‑debtor, matter finally stood decided and no impediment was left in granting execution application‑‑‑Judgment‑debtor had sought some time to go through order of Supreme Court‑‑‑In absence of any justification to deprive decree‑holder of fruits of decree passed in his favour in a suit pending since long, further extension in time to judgment‑debtor was declined‑‑‑Execution application was allowed. Samiuddin Sami for the Decree‑Holder. Khalid Jawaid for the Judgment‑Debtor.
Judgment & Decree
Nazir has submitted reference stating that bank guarantee in the sum of Rs. 18,53,573 dated 14‑10‑1992 has already been furnished by the judgment‑debtor pursuant to orders passed in H.C.A. No.52 of 1991. The Reference. is taken on record
2. Learned counsel for the decree‑holder submits that the proceedings were stayed since the matter was pending before the Honourable Supreme Court of Pakistan and on 25‑5‑2000 leave in C. P. L. A 510‑K of 1999 has been declined. Photostat of the certified copy of the said order has been placed on record. He prays that since the matter has been finally decided, there is no impediment in grant of execution application. Mr. Khalid Jawaid, learned counsel for the judgment‑debtor contends that some time may be given to him to go through the order of the Supreme Court. There is hardly any justification to deprive the decree‑holder of the fruits of the decree passed in his favour vide judgment and decree dated 4‑2‑1991 in a suit pertaining to the year 1987. Therefore, I am not inclined to grant any further extension in time to the judgment‑debtor. The execution application, in the circumstances, is allowed. Let a bank guarantee furnished by the judgment‑debtor be encashed by the Nazir and the amount be paid to the decree‑holder. Execution Application stands disposed of. H.B.T./A‑333/K Order accordingly