MEHRAN INDUSTRIES PRIVATE LIMITED, QUETTA versus IMRAN AHMED HIJAZI, MANAGER, N.D.F.C. JINNAH ROAD, QUETTA
Contract Act 1872 Section 166 Constitution of Pakistan (1973), Article 199 Constitutional Application The entire factory cell for non-payment of loan by the Deputy Commissioner. There is no provision in the contract to supply the entire factory sealing the entire factory for payment of installments through litigation. The deputy commissioner will not have the option of sealing the entire factory on non-payment of loan amount in installments, not only mortgaged goods but many other items which had no nexus in the transaction. ) Although it is lawful to obtain the loan, the mortgagee may take possession of the goods but all such steps were to be carried out in accordance with the law under the prescribed procedure and not by the sheer force of the Deputy Commissioner of the whole factory. There was serious action by the local authorities of the Sailing Bank and the deputy commissioner to seal the entire factory. It called such proceedings without legal proceedings strict and no legal influence factory was directed to be handed over to the applicant without further delay, however such order, the defendant ( Bank) will not preclude the actual claim of debt collection by law.
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