65/2009 Suit.B NIB BANK LTD (Plaintiff) V/S TERRY TOWELLERS (PVT) lTED (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 13-AUG-12
Suit for recovery was decreed and machinery of judgment-debtor was to be auctioned---Objection Application to enforcement of decree---Contention of the objector inter alia was that he was the landlord of the premises where the machinery was kept; that arrears of rent had been due to him and that he on his own expense moved the machinery to a godown and had incurred rent for the same---Contention of the objector was that he be compensated for the costs incurred by him from the sale proceeds of the machinery---Validity---Claims of the objector were flimsy and he had not kept record of the accounts or payments by cash for the godown and it was inconceivable that he was incurring expenditures on a person who in arrears of rent and with whom he was litigating---Machinery was hypothecated/pledged with the decree holder Bank and even otherwise it was the preferential right of the decree holder Bank to auction the machinery against their claim---Claim of objector was without merit---Application was dismissed, in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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