Case Details

Citation(s)
2005 SLG 1758 2005 SLD 1758 2005 CLD 1669
Lahore High Court
Regular First Appeal No.62 of 1997, heard on 2-06-2003.
SYED ZAHID HUSSAIN AND SYED SAKHI HUSSAIN BOKHARI, JJ
Sana Ullah for Appellant. Nemo for
Respondents.

MUSLIM COMMERCIAL BANK LIMITED through General Attorney/Principal Officer

VS

. SHAFI„¢S PAK ASSOCIATES (PVT.) LIMITED through Chief Executive and others

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9 & 22---Suit for recovery of loan---Bank had filed appeal alleging that suit was wrongly dismissed by Court below against first defendant---Chairman Banking Tribunal taking note of stance of defendant: that no documents whatsoever had been executed/signed by him, recorded findings that it was other defendant who was beneficiary of finances and first defendant had nothing to do with any transaction---Court in circumstances had taken the view that no liability could be created qua first defendant---Suit was accordingly decreed against defendants except first defendant ---Validity---Such was a finding of fact to which no exception was possible, in circumstances---High Court, without making any further comments, observed that appeal filed by Bank was bereft of any merit. JUDGMENT SYED ZAHID HUSSAIN, J.---Suit instituted by the appellant-Bank for the recovery of a stated amount was decreed by the Chairman Banking Tribunal No. 1, Faisalabad on 5-11-1996. This appeal has been filed by the decree-holder-Bank that the suit was wrongly dismissed by the Court against defendant No. 3. 2. The learned counsel for the appellant has been heard whereas the respondents are not represented. 3. On consideration of the material on the record we observe that the learned Chairman, Banking Tribunal by taking note of stance of defendant No.3 that no documents whatsoever had been…
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