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SAUDI PAK COMMERCIAL BANK LTD. versus A.H. INTERNATIONAL (PVT.) LTD.


Sections 16 (1), 23 (1) (2) and 9 (5) of the Civil Procedure Code (v. 1908), A. XXXVIII, R5 and Section 151 of the Transfer of Property Act (IV of 1882), Section 52 of the bank's recovery. Applicant's attachment to the property before the judgment for a suit loan was not applied to defeat or delay the prospective decree or to defeat the creditors' rights. The issue of sale did not affect the plaintiff's bank recovering the loan amount against the defendants. Sued and joined several banking companies, including Pir Paso. Applicants were filed under Section 16 of the Financial Institutions (Finance Recovery) Ordinance 2001, while lodging the defendants 'assets, read with the XVIII, R5 and Section 151, CPC to attach the defendants' property The plaintiff asserts that the defendants intended to sell the property in question on holding the information, they were served notice that the sale was in violation of Section 57 of the Transfer of Property Act, 1882, because the defendant had There was too much debt. It was difficult for the plaintiff and the plaintiff to adjust the liability if the property was not enclosed. The plaintiff banking company argued that with its permission the defendants agreed to sell the property on which the four defendants were banking. The companies received their passport mortgage. With the sale of the said property, the defendants will be in a position to adjust some of their obligations. This property was not held in mortgage with the plaintiff bank and the plaintiff bank only accounted for 7% of the total liability against the defendants, so the claimant attached the property in question under section 16 (1) of the financial affairs.

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