DEWAN DEVELOPMENT (PVT.) LTD. versus MYBANK LIMITED
Specific performance of the property transfer memorandum by the claimant in compliance with Articles 42, 12 and 64 of the Civil Procedure Code (v. 1908), A. XXXXX, RR1 and 2 of the Declaration, Permanent Order and Memorandum of Understanding. The Declaration, with the Bank's condition that the Bank will establish and restructure the Plaintiffs' liability, which the Bank temporarily failed to apply for an injunction so that the third party's interest in such property to the Bank Stop creating. Such an understanding would have contained some conflicting and / or suicide attacks. The conditional transfer of property by the plaintiff in favor of the bank was a process that would allow the bank to repatriate and restrict the obligations of the plaintiffs to do business, make a profit and buy such property within a specified period. Was able to. In the case of a memorandum of understanding such a memorandum of understanding was unanimously failed to perform its part of the agreement, Ningding was still a supporting and authoritative document, and the resulting contract and sale Things were not ruled out, therefore, he was entitled to certain performance, no commercial enterprise would sign a contract (in any case a memorandum of understanding), with such a transaction was mortgaged. Conditional sale should protect the interest of the claimant in such property until the decision of the matter is agreed to prevent the bank from generating interest of the third party until the final decision of the suit with the Bank of the Bank. The terms of the court memo were to be followed.
Related judgments — Karachi High Court Sindh, 2011
