MCB BANK LIMITED versus MILLENNIUM SECURITIES AND INVESTMENT PRIVATE LIMITED
Sections 9 and 16 (1) Civil Procedure Code (v. 1908), A XXXVIII, R 5 Prior to the adjudication of the adjoining scope bank before the bankruptcy settlement decision, the adjoining property was sought by the defendants who mortgaged it. The time to obtain a loan would be valid. Attaching the property would adversely affect the business of the defendants and their business would cease, as the bank would have to justify it in the event of sufficient security. Can't be done. Section 16 (1) of the Financial Institutions Financing (Rehabilitation) Ordinance 2001 was applicable to mortgaged / mortgaged property, while the bank sought affiliation with mortgages / mortgaged properties, Therefore application was not granted O XXXVIII, R 5, refusing to pass a sustaining order for attachment before judgment under CPC on solely concerns / speculations under CPC, before the decision of defendant's property in the circumstances Applications dismissed
