Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.9, 12 & 22---Qanun-e-Shahadat (10 of 1984), Art.84---Civil Procedure Code (V of 1908), S.12(2), O.VII, Rr.1(c) & 9(1A)(b)--- Suit for recovery of bank loan---Fraud---Proof---Comparison of signatures---Powers of court---Suit filed by bank was decreed ex parte against some of the defendants and execution was filed---Such defendants got ex parte decree set aside on the ground that they did not mortgage their properties resultantly suit filed by bank was dismissed---Validity---Mortgage deed in respect of properties showed name of one defendant as witness, whereas power of attorney of the same date showed that same defendant executed it on such date and some other person was shown as a witness---Such anomaly itself showed nothing but fraud and forgery and vitiated the two documents---Banking Court, on its own, under the provisions of Art.84 of Qanun-e-Shahadat, 1984, looked into the signatures of the defendant as available on mortgage deed and power of attorney, both of the same date and compared the same from the ones available on Vakalatnama, leave to defend application and other documents and came to the conclusion that signatures appearing on deeds and power of attorney were forged---Banking Court after looking into the matter had rightly dismissed the suit and required no interference--- Appeal was dismissed in circumstances. JUDGMENT SALMAN HAMID, J.---United Bank Limited, (Appellant), filed a banking recovery Suit No.160 of 1996, (Banking Suit) under section 6 of the erstwhile Banking Tribunal Ordinance, 1984, before the banking tribunal, Karachi, (Banking Court), against Exim International, (Respondent No.1), Abdul Khaliq Rehmani, son of Abdul Samad Rehmani, (Respondent No.2), Moin Khaliq, son of Abdul Khaliq Rehmani, (Respondent No.3), Arif Lateef, son of G.H. Lateef, (Respondent No.4), Mrs. Rabia K. A. Malik, wife of Dr. Khalid Ahmed Malik, (Respondent No.5) and National General Insurance Company Ltd., (Respondent No.6). Service of Banking Suit, among others, was also effected on the referred respondents through daily Nawa-e-Waqt, Karachi of 1-11-1996. Vide Order dated…

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