C.M. NO.379-B of 2012 ' MUHAMMAD KHALID MEHMOOD KHAN, J.---The respondent/plaintiff suit was decreed ex parte vide judgment dated 28-9-2010. The defendants/petitioners filed an application for setting aside the decree dated 29-9-2010 vide C.M. No,326 of 2012. The said application was allowed on 29-3-2012 subject to deposit of Rs,4,00,000 with the decree holder Bank up to 17-5-2012. The defendants filed C.M. No,362-B of 2012 stating that respondent/Bank is not accepting the amount of Rs,4,00,000 in terms of order of this Court dated 29-3-2012, the Court directed the decree holder Bank to receive the amount, then the petitioners/defendants deposited a cheque of Rs,4,00,000 with the decree holder/Bank on 17-5-2012, but when the decree holder presented the cheque for collection on 18-5- 2012, the cheque was bounced.
2. The petitioner then filed C.M.N.379-13/2012 under section 148, C.P.C. For extension of time praying that their cheque was dishonoured due to paucity of funds as on the day of presentment of cheque by the respondent the amount of Rs,30,000 was withdrawn by one of the customers of petitioner and as such respondents' cheque was dishonoured. Learned counsel submits that they have issued the cheque of Rs,400,000 bonafidely but due to above said reason, the cheque in dispute was not encashed. In fact the cheque was dishonoured only due to withdrawal of Rs,30,000 on 18-5-2012 and time may be allowed to deposit Rs,4,00,000.
3. Admittedly the petitioners were given concession by the Court directing to deposit Rs,4,00,000 being the expenses of auction as the plaintiff/decree holder bank has incurred the said expenses towards payment of court auctioneer fee and other charges etc. The suit is for recovery of Rs,58,482.336.57 and if petitioners/defendants are, unable to pay Rs,4,00,000 how they will pay the decretal amount. The intention of petitioners is not bona fide, they are trying to linger on the, disposal of suit. Today again they are not in a position to deposit the amount of Rs,4,00,000 and as such the default on the part of defendants/petitioners is contumacious. In these circumstances the order dated 29-3-2012 is withdrawn. C.M. No,379-B of 2012 stands dismissed.
C.M. No,383-B of 2012
4. Through this C.M. The petitioner has prayed that execution proceedings may be restarted and fresh Court Auctioneer may kindly be appointed and notice under Order XXI, Rule 66, C.P.C. Be issued. As the decree has been revived Mr. Zaheer Ahmed Saeed Advocate High Court, 7-Turner Road Lahore (0321-4147955) and Mr. Masroor Mirza, Advocate High Court, Qadri Chambers 8 Turner Road Lahore (0333-4282181) are appointed Court Auctioneers for conducting the auction of property. Learned Court Auctioneer will submit draft of notice under Order XXI, Rule 66. C.P.C. For approval of this Court within 15 days. The decree holder bank will pay Rs,2,00,000 to the Court Auctioneers as their professional fee which will be equally shared by the learned Court Auctioneers.
The decree holder will arrange proclamation in the newspaper and will also incur the expenses as to printing of wall posters etc. Petition stands disposed of.
5. Office is directed to fix main execution petition on 18-10-2012 for the report of Court Auctioneers.