ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Execution No.51 of 2016

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DATE                  ORDER WITH SIGNATURES OF JUDGE(S)

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For orders on Official Assignee’s Reference No.03/18

Dated: 29.08.2018

Ms. Saman RAfat Imtiaz for decree holder.

Mr. Abdul Shakoor for the bidder.

Mr. Ch. Waseem Iqbal, Official Assignee.

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Official Assignee’s reference is taken on record subject to all just exceptions and/or objections.

Counsel for decree holder states that while the decree holder is willing to accept the offer, which is in the sum of Rc.4 crore, however, the conditions imposed by the bidder are not acceptable as these are violative of the terms on which the bids were offered/invited by the Official Assignee. Counsel for the bidder is present and states that the property has not been properly measured, therefore, a lesser bid has been offered by his client. Be that as it may, it is the duty of the decree holder to ensure that the property is offered for sale in a manner that its value can be clearly assessed by a potential bidder. In the circumstances, when the sole bid received is not acceptable as per the terms attached with the bid, the Court is left with no option except to place the subject property for sale through fresh bids/auction. Order accordingly. However, if the decree holder wishes to create a profile of the property, which would include its measurement etc., it would be free to do so with the help of Official Assignee so that potential bidders have a clear idea of the property available for sale.

In the circumstances at hand, in case the bidder present wishes to participate and intends to have the 25% already deposited with the Official Assignee to be used for any future bids he would be at liberty to do so. In the alternate he would be free to claim the token advance given by him from the Official Assignee without any deductions.

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