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HAJI ZAHID SAEED versus ASIF BROTHERS


A. XXI, Rr 66, 90.67, 68 and 89 Financial Institutions (Recovery of Finance) Ordinance (XLVI of 2001), Issue of Order 19 Auction / Sale of Property Auction / Sale Issue Announcement Non-compliance with the provisions of O XXI, RR 66, 67 and 68 required by CPC-imposed court to examine the auction process; on the basis of the rules and fraud, collusion between auction buyers and court auctions. As well as the inherent jurisdiction of the sale of the property in the execution of the proceedings due to irregularities in the property and procedure, the property was granted Was located in one place while publication of public notices under the OXI was made in the FC newspapers. And there was no mention of the reserve price in the pro forma submitted for the auction order sheet's schedule. It did not indicate that the auction schedule was included in the execution court order, though in this publication The reserve price was mentioned, but without any authority and no determination by the execution court and the reserve price was not mentioned in the publication because it was not mentioned in the supporter court ( Auction schedule) The High Court observed that wherever there was a sale, the court arranged. The reserve price was compulsory and its absence could be fatal and it is established that in the present case no reserve price was fixed by the Executive Court and the declaration issued under O XXI, R 66, was made by the CPC Compliance was not complied with. The court, in the present case, not only filed under O XXI, R 89, CPC

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