Suspension/Stay of Auction

IN THE HIGH COURT  OF  SINDH  AT  KARACHI

(Appellant Banking Jurisdiction)

H.C.A. No.  1112/11

M/S. RIAZ Plastic Industries ……  APPELLANTS

VERSUS

NIB Bank Limited   ………………………  RESPONDENT

APPLICATION FOR SUSPENSION/STAY OF AUCTION

UNDER ORDER 39, RULE 1& 2 R/W SECTION 151 CPC

For the facts and reasons disclosed in accompanying affidavit,   memo of Appeal, it is respectfully prayed on behalf of the Appellant abovenamed that this Hon’ble Court may graciously be pleased to suspend the operation of order dated 06-09-2012 passed by the Banking Court No. V at Karachi in execution application # 12/2012 of Suit #. 178/2010, grant injunction restraining the respondent therein to continue sale proceedings of petitioner’s property being Plot Survey No. 194, House No. M.C/926, situated at Deh Digh, Tappo Malir, Green Town, Karachi, till final disposal of this Appeal.  Photocopy of PUBLIC AUCTION Order is annexed herewith and marked as annexure “A”

An ad-interim injunction is solicited meanwhile in terms of main prayer  in the greater interest of Justice and equity.

Karachi.

Dated: 04/10/2012.                     

S M ZUBAIR

Advocate for the Appellants

FOR IMMIDIATE USE ONLY IN COURT

IN THE HIGH COURT  OF  SINDH  AT  KARACHI

(Appellant Banking Jurisdiction)

H.C.A. No.                /11

M/S. RIAZ Plastic Industries ……  APPELLANTS

VERSUS

NIB Bank Limited   ………………………  RESPONDENT

AFFIDAVIT IN SUPPORT OF APPLICATION

UNDER ORDER 39, RULE 1& 2 R/W SECTION 151 CPC

I, RIAZ Ahmed, Muslim, adult, R/o. House No. XXXXX, Green Town,  Karachi, do hereby state on oath as under:

1.          That I am Appellant in above titled suit and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:

2.          That the accompanying application U/O. 39, Rule 1 & 2, R/W. 151 CPC has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.

3.          That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.

4.          That  I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated: ­­04/10/2012.

Deponent/Appellant

CNIC #. XXXXX

Mob.#. XXXXXX

The deponent identified by me

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. M. ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS