ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR.

Crl: Bail Application No.D-           193     of 2016

DATE                         ORDER WITH SIGNATURE OF HON’BLE JUDGE

 

1-     For orders on M.A.No.1609/2016 (U/A)

2-     For orders on CMA.No.1610/2016 (Ex.A)

3-     For Katcha Peshi.

 

29th. March, 2016.

 

M/s Syed Zafar Ali Shah & Humayoon Shaikh, Advocates                    a/w Applicant.

 

1                      Urgency application is allowed.

2                      Granted, subject to all just exception.

3.                     It is, inter-alia, contended by learned Counsel for the applicant that applicant is a respectable citizen who had obtained financial loan from the Bank amounting to Rs.7,00,000/-, whereafter an amount of Rs.2,00,000/- has been paid pursuant to settlement with the bank, whereas, remaining amount was required to be paid in installments which could not be paid in time, therefore, the execution proceedings have once again been initiated, and the learned Banking Court-I, in violation of provisions of Section 51 C.P.C read with Order 21 Rule 37 C.P.C, has issued N.B.Ws against the applicant. It has been further submitted that inspite of the fact that property has been mortgaged with the Bank which is sufficiently valued, N.B.Ws have been issued against the applicant. Learned Counsel further submit that the applicant is willing to attend the execution proceedings pending before the learned Banking Court-I, Sukkur in Execution Application No. 08 of 2012 to defend the same in accordance with law; provided N.B.Ws issued by the learned Banking Court may be suspended and the applicant may be granted protective bail for a period of seven days, so that the applicant may file appropriate bail before arrest application.

                        Without touching the merits of the case, applicant is granted protective bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees Fifty Thousand) with PR bond in the like amount to the satisfaction of incharge Additional Registrar of this Court for a period of 07 days to enable him to surrender before the learned Banking Court-I, Sukkur for obtaining bail before arrest in accordance with law. In the meanwhile the operation of N.B.Ws issued against the applicant shall remain suspended for the aforesaid period. 

                        Bail application stands disposed of.

JUDGE

JUDGE

A.R.BROHI