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2002 CLD 623

Mirza SHAHID BAIG vs NATIONAL BANK OF PAKISTAN and 8 others

Citation2002 CLD 623
CourtLahore High Court
Case No.E.F.A. No,82 of 2001
Date2002-01-22
Judge(s)Jawwad S. Khawaja, Abdul Shakoor Paracha
ResultOrder accordingly

ORDER

' This execution first appeal impugns the order. Dated 31-10-2001, passed by the learned Banking Court No,5, at Lahore. Through an execution petition, filed by the respondent decree-holder, it was prayed that the appellant Mirza Shahid Baig be arrested with the object of satisfying the decree obtained by the respondent-Bank. The learned Banking Court has, by means of a very cursory order, dated 31-10-2001, directed, among other things, that the appellant Mirza Shahid Baig be arrested.

2. We have heard both the learned counsel and, in particular, the learned counsel of the Judgment-debtor Bank. It is evident that the decree obtained by the respondent-Bank is to be satisfied through sale of the properties mentioned in the Farad Taleeqa. The Banking Court should, in the first instance, attempt to sell the said properties and only in the event the sale proceeds are not sufficient to satisfy the decree, or the judgment-debtor impedes the sale or commits other prejudicial acts that it would be proper to proceed against the judgment-debtors personally. In this view of the matter, we would modify the impugned order and hold that there was no justification on 31-10-2001, for issuing warrants of arrest against the appellant Mirza Shahid Baig.

' This appeal is partially allowed in the above terms. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 7 cases

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