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2002 CLD 415

Messrs AHMED FOOD INDUSTRIES (PVT.) LIMITED and 2 others vs BANKING

Citation2002 CLD 415
CourtSindh High Court
Case No.Constitutional Petition No,D-1830 of 2001
Date2001-10-31
Judge(s)Mushir Alam, Muhammad Roshan Essani
ResultOrder accordingly

ORDER

1. ' Through this Constitution petition, petitioner has sought the following reliefs:--

(i) That this Hon'ble Court may graciously be pleased to set aside the order dated 25-5-2001 issued by the respondent No,1 and/or its Presiding Officer and to suspend the bailable warrants of arrest and order of appearance of the petitioners Nos.2 and 3.

(ii) To restrain the respondent No,1 from acting upon the order dated 25-5-2001.

(iii) Direct the respondent No,1 and/or its learned Presiding Officer to accept the bid/offer of the mortgaged property offered by the respondent No,4 for the satisfaction of the decree.

(iv) Direct the respondent No,1 and/or its learned Presiding Officer to take over the possession of the hypothecated goods as well as to sell the hypothecated stock/goods for the satisfaction of the decretal amount only.

(v) Direct the respondent No,1 not to take coercive action(s)/method(s) for the satisfaction of the decree by issuing the warrant of arrest and/or any harsh method(s)/order(s) against the petitioners.

(vi) Any other/additional/better relief and/or relief(s), order and/or orders which this Hon'ble Court may deem fit and proper under the circumstances of the petition.

2. Mr.Nadeem Akhter, learned counsel for the respondent No,2 submits that after issuance of B.Ws.

3. Against, the petitioners Nos.2 and 3, they appeared before the Trial Court and the required security have also been deposited by them. In view of this statement given by learned counsel for respondent No,2, the order of issuance of B.Ws. Against the said petitioners is hereby recalled.

4. Learned trial Court is, however, directed to decide this matter in accordance with law preferably as soon as possible. It is, however, made clear that the amount of security deposited by the said petitioners shall remain with the learned trial Court till the final disposal of the case.

5. ' In view of above terms, the petition stands disposed of alongwith the listed application.

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