High Court of Sindh at Karachi, Bench at Sukkur and Circuit Courts at Hyderabad and Larkana
Category Wise List of cases (Judgments / Orders )
Total Judgements/Orders :
Code
S.No.
Citation
Case No.
Case Year
Parties
Bench
Order_Date
A.F.R
Head Notes
Judgement/Order
118550
1
Execution 153/2000 (S.B.) Sindh High Court, Karachi
2000
Party-1 (Decree Holder) VS Party-2 (Judgment Debtor)
S.B.
13-OCT-17
No
Nil.
106487
2
2016 YLR 1436
Execution 25/2012 (S.B.) Sindh High Court, Karachi
2012
Askari Bank Ltd. (Decree Holder) VS A.H. International (Pvt) Ltd. & OTHERS (Judgment Debtor)
S.B.
15-JAN-16
No
From facts of the case, when it is obvious that subject property though was transferred in favour of a creditor Bank through a registered deed of conveyance, on the basis of which said Bank filed Objection and resisted Execution proceeding, which is the outcome of a compromise decree between another Bank and the judgment debtor. Admittedly, the above transfer of property took place after passing of the above Decree in favour of another Bank [Decree Holder] that too on the basis of a settlement agreement in which the property in question was also part of subject matter. It is held, that the impugned transfer of property was made in clear violation of Section 23 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, therefore, the transfer/conveyance of property in favour of the creditor bank is void and it is not necessary that the registered conveyance deed should first be adjudged as cancelled in terms of Section 39 of the Specific Relief Act, 1877, but, in the Execution proceeding of the nature this determination can be made.
Financial Institutions have to streamline their working and banking transactions should have transparency as they [Financial Institutions] have a fiduciary relationship with their customers.
103297
3
2016 SBLR Sindh 594
Execution 39/2015 (S.B.) Sindh High Court, Karachi
2015
Party-1 (Decree Holder) VS Party-2 (Judgment Debtor)
S.B.
23-DEC-15
No
Nil.
205644
4
Execution 25/2012 (S.B.) Sindh High Court, Karachi
2012
Askari Bank Ltd. (Decree Holder) VS A.H. International (Pvt) Ltd. & OTHERS (Judgment Debtor)