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92/2021 I. A Abdul Khalid (Appellant) V/S M/s. Habib Bank Limted & Others (Respondent)

Sindh High CourtBanking & Corporate2023

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)

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92/2021 I. A Abdul Khalid (Appellant) V/S M/s. Habib Bank Limted & Others (Respondent) Sindh High Court

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Jawad Akbar Sarwana(Author) Order Date: 28-DEC-23

All the legal heirs of Judgment-Debtor were not taken on record by the Banking Court. Further none of those (LRs) who were taken on record were issued notice leading to the sale proclamation. Auction proceedings set aside with directions to add all the legal heirs in the execution proceedings and issue a fresh proclamation after issuing fresh notice to all the legal heirs. The Auction Purchaser is at liberty to either match the proposed bid, enhance it, or claim re-payment of his deposited amount along with profit accrued thereon. Appeal disposed of in the above terms.

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