Legal Question in Banking Law in Pakistan

My mother took a loan from HBL in 1990 on mortgaging our home. she was unable to pay a single penny by 1994 and the bank approached the banking court on which a consent decree was passed. By the end of 1995 she was able to pay the principle amount but failed to pay back the markup in 1998 the bank again approached the banking court and the bank auctioned the property which we were not informed about until we received a letter from a lawyers association informing us about the matter on which we approached the high court and the high court gave a stay on the proceedings and gave us time to submit the markup which we did within time provided by the high court on which HBL gave us a clearance letter also. in 2011 the high court gave its decision in our favor asking the banking court to look into the matter but the banking court once again gave the decision against my mother stating the the auction was fair we again approached the high court and got a stay on the proceedings. in the next month auction purchaser died and now after almost 1 year the widow of the auction purchaser has come to claim on behalf on the auction purchaser, I want to ask you that after going through the above what do you think will the decision of high court come.


Asked on 8/21/12, 5:20 pm

2 Answers from Attorneys

Salman Khan International Lawyer

The matter is not that simple. Email me the case documents at [email protected].. I will study them and then answer your question..

Regards,

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Answered on 8/21/12, 11:05 pm

in fact how you have proceeded your case before the banking court is of real issue here,it seems that you have challenged the proceedings of auction the way it was conducted, erroneous auction with all of its consequences, can be set aside.

exact opinion can be given only going through the documents.

yyou can dicuss it further by calling on the cell ph 0323 4638149 during 3 to 9 pm.

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Answered on 8/25/12, 12:11 am


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