A division bench of Sindh High Court at Karachi comprising Justice Mushir Alam and Justice Arshad Siraj on Wednesday suspended the auction order of 25 buses, passed by a single Banking Bench of Sindh High Court, and directed issuance of notice to the respondent bank--KASB Bank.
Advocate Saalim Salam Ansari, counsel for petitioner/transporter Rana Munir Ahmed contended before the division bench that the learned Single Banking Judge had ordered to auction the 25 buses (16 are plying under the supervision of Official Assignee of Sindh High Court and 9 are with the Fabricator/Body Maker) upon an application of transfer of possession of instant buses filed by the bank and the learned Single Judge, sitting in Original Banking Jurisdiction, while directing the auction of buses travels beyond his jurisdiction and instead of order of transferring the possession and/or declining the transfer of the possession, passing the auction order of 25 buses will be a final order mounts to decreeing the Bank's suit as well as fatal to the suit filed by the Borrower/Transporter.
The division bench directed to suspend the impugned order after hearing the comments that in both suits filed by the Petitioner/Transporter and Bank's 11 consolidated issues have been framed and matter is ripe for evidence, further in the bank's suit a consent stay order is operating according to which the petitioner is running the buses under the supervision of Official Assignee and unconditional leave to defend has been granted to the Petitioner in the Bank's Suit.
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