Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9 & 22---Suit by customer against Bank---Customer, who was holding a Fixed Deposit and Savings Bank Account with the Bank, was informed by Bank that disputed amount was being appropriated towards alleged dues of two firms---Customer initially filed suit for declaration to the effect that he was not liable for any claim against said firms and that he was not connected with the firms in any manner and was not liable for any dues/outstanding against same---Said suit subsequently was transferred to Banking Court which decreed the same---Validity---Bank had referred to some undertaking given by customer binding himself for repayment of dues of said firms---Plea of Bank was that customer had given an authority to the Bank to appropriate amount in question against dues of said firms by executing a letter of lien---Statement of customer was recorded in the Court, but he was not at all confronted with said letter of lien---Signatures of customer were compared on request of the Bank--Account opening form was dated 4-11-1970 while alleged letter of lien bore the date as 29-10-1971---Signatures on said two documents were examined with the assistance of counsel for parties and dissimilarity was found in the same---Evidence of customer had been recorded, while evidence of the Bank had been closed after giving about eight years period to do the needful and case remained pending for 13 years---In view of such conduct of the Bank, no prejudice was caused to the merits of case---Appeal by Bank, against of Banking Court, was dismissed, in circumstances. Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and another PLD 1996 Lah. 672 ref. JUDGMENT MAULVI ANWARUL HAQ, J.---On 1-4-1974, the respondent filed a suit against the appellant. The plaint was later amended and an amended plaint was filed on 3-9-1977. In this plaint it was stated that the plaintiff is holding a Fixed Deposit and Savings Bank Account with the appellant. On 13-2-1974, the appellant informed the respondent that an amount of Rs.74,862.16 from the said account is being appropriated towards the alleged…

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