301/2021 H.C.A Karachi Metropolitan Corporation (Appellant) V/S M/s. Sui Northern Gas Pipelines Ltd. (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial
301/2021 H.C.A Karachi Metropolitan Corporation (Appellant) V/S M/s. Sui Northern Gas Pipelines Ltd. (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial Order Date: 21-FEB-24
As to the objection that decretal amount has to be deposited before this Court as without it appeal could not be heard and decided, we are of the view that Order XXI Rule 23-A PC, as relied upon by the learned counsel for respondent, does not demonstrate an embargo on powers being exercised by the appellate Court while hearing appeal; it only demonstrates that the executing Court hearing objections, filed by judgment debtor to the grant of execution, shall not proceed unless the decretal amount is secured. We are not executing Court who is hearing the objections of judgment debtor, rather an appellate authority