FOR IMMEDIATE USE

IN THE HIGH COURT OF SINDH AT KARACHI

Suit No. 641 of 2003
Ex. No. 01 of 2009

Muhammad Younus R. Malim , . . .. . . . DECREE HOLDER

VERSUS

Muhammad Zubair Malim . . … . . . JUDGMENT DEBTOR

United Bank Ltd ...... OBJECTOR

COUNTER AFFIDAVIT TO APPLICATION

U/S 151 CPC BEARING CMA NO. 550/2012

I, Muhammad Younus R. Malim son of late Ruknuddin

Malim, Muslim, adult, resident of A-1/A-1, Sunset Boulevard,
Phase II Extn, DHA, Karachi do hereby state on oath as under:-

1. That I am decree holder in the above matter, as such fully

conversant with the facts of the case.

2. That I have gone through the contents of the application under

Section 151 CPC bearing CMA No.550/2012 and supporting affidavit
of so called bidder Muhammad Jawwad. I controvert the allegations,
assertions made therein and submit reply thereto as under:-

3. That the application under objections is not maintainable as

the so called bidder/applicant has not submitted his bid to the Nazir
of this Hon'ble Court in compliance with the Auction Notice published
in the Daily JANG, Karachi dated 19.8.2011.

4. That on the receipt of the Nazir report, this Hon'ble Court has
already passed order for issuance of fresh Auction Notice for the sale
of the immoveable property subject matter of this execution
application, as such, the present application is not maintainable.
However, if the bidder/applicant is interested to purchase the
property subject matter of this execution application, he may submit
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his offer to the Nazir of this Hon'ble Court after the fresh Auction
Notice is issued by him.

5. That M/S United Bank Ltd has filed an application under

Section 19(5) read with Section 15(9) of the Financial Institution
(Recovery of Finance) Ordinance, 2001 read ection 73 and 151 CPC
bearing CMA No.474/2011, claiming interest in the property subject
matter of this execution. The decree holder has filed Counter Affidavit
to the said application, which is pending for adjudication, and until
the said application is decided the property subject matter of this
application may not be auctioned to avoid multiplicity of litigation.

6. That the market value of the immoveable property subject

mater of this application is much more than the offer made by the
bidder /applicant Muhammad Jawwad, as such, in case, the bid of
the bidder/applicant is accepted the interest of the other parties shall
be seriously prejudiced.

7. That in his earlier application bearing CMA No.440/2012 which

has been dismissed as not pressed, the applicant / bidder had offered
the price of Rs.31,000,000/- (Rupees Thirty One Million only) and in
the present application he has offered a sum of Rs.32,500,000/-
(Rupees Thirty Two Million and Five Hundred Thousand only) and
enhanced his previous bid by Rs.15,00,000/- (Rupees One Million
Five Hundred Thousand only) against the market value of the subject
property which is much higher.

8. That the contents of the application u/s 151 CPC are

specifically denied. Since this Hon'ble Court has already ordered for
issuance of fresh Auction Notice, hence the application under
objections from a particular person for accepting his bid of a lesser
price of Rs.32,500,000/- (Rupees Thirty Two Million Five Hundred
Thousand only) is not maintainable.

9. That in view of the above, unless the application under

objections is dismissed, the Decree Holder as well as the Judgment
Debtor shall be seriously prejudiced.
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10. That whatever has been stated in paras 1 to 9 above is true and
correct to my knowledge.

KARACHI
Dated: 15th Nov, 2012 DEPONENT

The deponent above named is identified by me to the

Commissioner for taking affidavits.

ADVOCATE

Stated on oath before me at Karachi on this 15 th day of

November, 2012 by the deponent above named, who is identified to
me by Sheikh F.M. Javaid, Advocate, who is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS