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HABIB BANK LIMITED versus KALCO PHARMA LIMITED THROUGH CHIEF EXECUTIVE

Sections 9 and 15 of the Transfer of Property Act (IV of 1882), Sections 79 and 58 of the Constitution of Pakistan (1973), Article 199 Constitutional application for debt collection The sale of a mortgage property prevents the mortgage-exempt property The mortgage was registered in favor of the applicants / bank on 16th 1986 and was said to have received more mortgage on the property on 16th 1986, besides collecting the title charges and four equal mortgages. It was formed in a way that was not abolished by the operation of the law or the deliberate work of the parties. If any, the purpose was to prove / establish but in the present case the banking court did not have any evidence to return any such finding when a person has a right, then the question of waiver / withdrawal will be proved. And while choosing either of these two interpretations, which included the loss of one right and the other as a protection of that right, his conduct was to be considered on the forehead. Keeping property documents in place to obtain advanced financing under the mortgage and corporate suit, despite the withdrawal / isolation of mortgage rights while supporting your rights, although in 1995, mortgage rights were not excluded. , Petitioner Bank had not issued any NOC and the applicant bank will not be bound in this case in favor of the respondents to make the second mortgage, it will not be bound till their title in the property disappears. By then the owners could have become second mortgages. , The Transfer of Property Act, 1882, imposed an exception to the preliminary rule, thereby enabling / intermediate mortgages to remain property advocate from Pindi Bhattian lawyer