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ASHRAF AGRO versus H.B.L.


Inadequate cost of execution of a decree by auctioning section 19 Civil Procedure Code (v. 1908), A XXI, R 66 After continuous efforts by the court auction, the property was sold through auction, the judge's debtor on the ground. Tried to keep such auction sales separate. That the reserve price of the property was fixed at a very low rate and the auction buyer did not deposit 1/4 of the purchase price at the end of the hammer. In court sales there was no reasonable basis for the inadequate sale of the sale price, furthermore, when every effort was made to bring the maximum price, the buyer would always be reluctant to buy the property in court sale. Because it involved litigation, it needed time, and there was an element of uncertainty that court sales could not take the market price for such reasons and by sale. Auction on such a score alone cannot be excluded. The payment of 1/4 th amount on the fall of the hammer did not make any difference in the sales made under the provisions of the Financial Institution (Financial Recovery) Ordinance, 2001. , Because this law allowed the execution of the decree in accordance with the style and wishes of the regulators, the creditors of the judge raised illegal objections to which the respondent court had legally replied that the execution court The verdict was unlawful. Or the legal debtor's decision lenders filed their objections, and when the auction was made, the sale of the property through auction was pending for about 8 years.

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