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SYED AMJAD HUSSAIN JAFRI versus KASB BANK LTD THROUGH MANAGER


Sections 9, 19 and 22 of the Civil Procedure Code (v. 1908), OXXI, RR 89 and 93 suits for the recovery of the loan against the mortgaged property auction for recovery of the debt filed by the plaintiff's bank After the injunction was issued, the bank filed an execution petition and was directed to sell the mortgaged property but was told that the property was auctioned off, but the same was filed with the Banking Court. Had challenged that the property is commercial in nature and that its sale price is lower than the normal sale price. In the market, it could not be confirmed and it was directed that the bidder be refunded to the auction buyer and 5% of the purchase price to the auction buyer according to the terms of the decision OXI, R 89, CPC. Will pay The auction buyer's purchase amount has been blocked for more than a year at the rate of 5 than, there was absolutely no role for the decision of the auctioneer; the property, which was sold at a lower price, did not confirm the auction. The imposition of any penalty in the form of interest to the creditors of the Hui Med decisions was not only irrational, but was also an unnecessary award of purchase money equal to 5% and was marked as 5% and appealed. Was allowed to that extent

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