MESSRS NOOR HAYAT INDUSTRIES (PVT) LTD. THROUGH CHIEF EXECUTIVE versus BANK OF PUNJAB THROUGH MANAGER
Section 19 Civil Procedure Code (v. 1908), AXXI, RR 66, 67, 90, 92 and 93 execute a decree sale by auction, setting aside the refund of the deposit by the auction buyer on two dates. Despite the failure, the bank was successful in auctioning the mortgaged property on the third date before the auction of the mortgaged property was neither advertised nor the reasons were brought to the court file that the auction was made on two dates. Why the proceedings could not be taken by the court, the execution court confirmed the sale through auction, but the verdict was dismissed by the execution court. The filing of the requested application is valid. Such auction was not conducted by the bank in accordance with the principles of law, justice and equality, so the confirmation of the sale could not be honored by the execution court and the bank was referred to it. The auctioneer was instructed to return the already auctioned price with 20% or more of the mark (whichever is higher). The young lender failed to file an illegal amount within one month, failing which bank mortgage property was sold with or without interference with regard to Section 19 of the Financial Institutions Ordinance, 2001 Would be free to do.
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