STELLAR POWER LTD vs. NARH GLOBAL SERVICES LTD AND NDK FINANCIAL SERVICES LTD

On the 20th of May, 2019 the claimant/applicant (hereafter referred to as the applicant) filed an application to vary the order of the Court striking out its affidavit of interest and to suspend the auction sales to be held on the 21st of May, 2019. Before the applicant could be heard on the motion, a preliminary objection was taken by learned counsel for the Judgment Creditor/Respondent (hereafter referred to as the respondent) on the ground that the application has been brought beyond the time set out in Order 44 rule 13 (5) of C.I. 47 for filing an appeal. Counsel for the respondent submitted that since the application was filed beyond the mandatory 14 days it is incompetent and same ought to be dismissed. In reply it was the contention of learned counsel for the applicant that the Court has powers to make orders that it considers just in order for the case to be determined on those grounds. Counsel also relied on the averments contained in the affidavits, which he filed on 20/05...