Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 10---Leave to defend the suit---Substantial question of law or fact---Scope---Simple denial of payment does not by itself raise a substantial question of law or fact, mandate of S. 10 of Financial Institutions (Recovery of Finances) Ordinance, 2001, or even a plausible case. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 10---Civil Procedure Code (V of 1908), O.XXXVII, R.2---Recovery of money---Leave to defend the suit---Pre-condition---Defendant cannot appear and defend the suit under the provisions of O.XXXVII, R.2, C.P.C. unless he obtains leave from judge, whereas under the provisions of S.10 of Financial Institutions (Recovery of Finances) Ordinance, 2001, it is mandated that substantial questions of law and facts must be alive, which constitutes, "substantial questions of law and fact"---Defendant having overcome such hurdle becomes entitled to leave. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10---Recovery of bank loan---Leave to defend the suit---Restructuring of loan---Defendant did not deny availing of finance facility and contended that finance facility extended in year, 2007, was nothing but renewal of running finance facility previously granted and defendant never agreed to the same---Validity---Restructured amount was always an admitted and acknowledged amount by borrower and no disbursement was involved in such restructuring which was distinct and different from fresh finance, where disbursement was pivotal---Restructuring of borrower's liability was an accommodation and latitude extended by financial institution---No case for leave was made out and application for leave to defend the suit by defendant was dismissed--- Suit was decreed accordingly. Azmat Wali v. Hassan Al-Adawai and 2 others 1983 CLC 546; Fine Texile Mills Ltd. Karachi v. Haji Umer PLD 1963 SC 163; Habib Bank v. Qayoom Spinning Ltd. 2001 MLD 1351 and Muhammad Arshad and another v. Citibank NA 2006 CLD 1011 ref. ORDER SALMAN HAMID, J.---This suit has been preferred by the plaintiff under section 9 of the…

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