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2002 MLD 1632

AL-FAROOQ BUILDERS vs FEDERATION OF PAKISTAN, CHAMBER OF COMMERCE

Citation2002 MLD 1632
CourtSindh High Court
Case No.Execution Application No,108 of 1999 in Suit No,685 of 1987
Date2000-09-04
Judge(s)Mushir Alam
ResultOrder accordingly

ORDER

1. ' 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.

2. ' 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.

3. ' 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.

4. ' 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.

5. ' Execution Application stands disposed of.

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