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Civil Petition for Special Leave to Appeal No. 579 of 1977, decided on 16th November 1977.
(On appeal from the judgment and order of the Lahore High Court dated the 24th of July 1977 in Civil Miscellaneous No. 95 of 1977 in I. C. A. No. 2/Com. of 1976).
‑‑ S. 175‑Official liquidator‑Bank guarantee‑Official liquidator remains under control, direction and supervision of Court till discharge of his duty‑No Bank guarantee, in circumstances, held, required to be furnished by him.
Syed Shahid Hussain Kadri, Advocate instructed by Abid Nawaz, Advo cate‑on‑Record for Petitioner.
Nemo for Respondent.
Date of hearing : 16th November 1977.
‑This petition for special leave was filed under the following circumstances.
In the matter of the Hospital Equipment Supply Co. Ltd., Lahore under liquidation a learned Judge of the High Court at Lahore on the 7th of May 1966 passed an order that the arrears of remuneration of the official liquidator amounting to Rs. 12,325 up to the 30th of April 1975 and his salary thereafter at the rate of Rs. 500 per month be paid to him 1 /2 by the petitioners in Civil Original No. 14 of 1970 (Mirza Munawar Ahmad and others) and the 1/2 by the Habib Bank Ltd. the secured creditorian receipt of the report of the official liquidator in respect of the financial position of the Company the learned Single Judge by his order dated the 5th of July 1977 increased the pay of the official liquidator from Rs. 300 to Rs. 750 per month with effect from the date of this order.
Habib Bank Limited filed an Inter Court appeal against the aforesaid order dated the 7th of May 1976. With the appeal an application was submitted for suspending the order of the lower Court but the learned Judges however by their order dated the 29th of July 1977 dismissed the application for suspension of the order in limine. Thereafter the Bank in the Inter Court Appeal submitted another application for requiring the official liquidator to furnish Bank guarantee in the sum that he resolved on account of his remuneration. This application was dismissed by a learned Single Judge on the 24th of July 1977. It is against this order that Habib Bank Limited has filed the present petition for special leave no appeal.
After hearing Mr. Shahid Hussain Kadri, learned Advocate for the petitioner it is abundantly clear that there is no merit in this petition. As remained by the learned Single Judge tie official liquidator remains under the control, direction and supervision of the Court till his duty is discharged and under the circumstances no bank guarantee was required to be furnished by the official liquidator. There being no merit in the petition it is, therefore, dismissed.
Petition dismissed.
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