Case Details

Citation(s)
2006 SLG 2847 2006 SLD 2847 2006 CLD 183
Lahore High Court
E.F.A. No.841 of 2002, heard on 7-11-2005.
MIAN HAMID FAROOQ AND HAMID ALI SHAH, JJ
Asghar Hamid Bhutta for Appellant. Iftikhar Hussain Shah for
Respondent.

Messrs FAISAL M. B. CORPORATION (PVT.) LTD. through Chief Executive

VS

. EQUITY PARTICIPATION FUND through VicEPresident, E.P.F.

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-----S.19---General Clauses Act (X of 1897), S.24-A---Execution proceedings---Incentive scheme, benefit of---Non-speaking order---Judgment debtor filed application for allowing benefit of incentive scheme during execution proceedings---Banking Court dismissed the application without giving its own finding---Judgment debtor, to prove his entitlement to benefit of incentive scheme, produced a letter issued by the bank-Validity-Banking Court although had narrated contents of application filed by debtor and stance of bank, yet the Court failed to give its own findings except to state that offer made by -debtor was not acceptable to the bank---Such order of Banking Court was perfunctory, devoid of reasons and showed complete non-application of judicial mind---Letter produced by debtor had a substantial bearing on the fate of the case---Order passed by Banking Court was set aside and case was remanded to Banking Court for deciding -debtor's application afresh, in accordance with record of the case and after taking into consideration contents of the letter produced by -debtor---Appeal was allowed accordingly. Adamjee Jute Mills Ltd. v. The Province of East Pakistan and others PLD 1959 SC (Pak.) 272; Gouranga Mohan Sikdar v. The Controller Import and Export and 2 others PLD 1970 SC 158; Mollah Ejahar Ali v. Government of East Pakistan and others PLD 1970 SC 173 and Muhammad Ibrahim Khan v. Secretary, Ministry of Labour and others 1984 SCMR 1014 rel. JUDGMENT MIAN HAMID FAROOQ, J.---Present appeal proceeds against order dated 12-7-2002, whereby the learned Judge Banking Court dismissed appellant's application filed under section 151, C.P.C. 2. Pursuant to the passing of decree for recovery of Rs.24,45,569 together with costs and mark up, by the learned Judge Banking Court, against the appellant, vide judgment and decree dated 26-4-1998, the respondent/decree holder filed the execution petition. It has been alleged that during the pendency of the execution proceedings, the respondent offered to settle the liability under the Incentive Scheme; consequent thereto the appellant, statedly, paid a sum of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492