| Citation(s) |
|---|
| 2011 SLG 1962 2011 SLD 1962 2011 CLD 1072 |
Sindh High Court
Suit No. B-143 of 2009, decision dated: 15-12-2010.
MUHAMMAD TASNIM, J
Habib-ur-Rehman for Plaintiffs. Saim Hashmi, Jam Asif Mehmood and Behzad Haider for Defendant.
Suit No. B-143 of 2009, decision dated: 15-12-2010.
MUHAMMAD TASNIM, J
Habib-ur-Rehman for Plaintiffs. Saim Hashmi, Jam Asif Mehmood and Behzad Haider for Defendant.
Mirza GHULAM MUJTABA and another--Plaintiffs
VS
KASB BANK LIMITED--Defendant
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss.9 & 10---Suit for recovery of damages by customer---Application for grant of leave to defend suit by Bank---Bank's plea that claimed damages could not be granted without recording evidence of parties---Validity---High Court with parties' consent granted such application unconditionally. ORDER MUHAMMAD TASNIM, J.---This is an application (C.M.A. No.11015 of 2009) under section 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 filed by defendant seeking leave to defend the suit unconditionally. 2. Learned counsel for the defendant has submitted that since damages have been claimed in the suit, hence relief claimed in the suit cannot be granted to the plaintiff unless the evidence of the parties is recorded. Learned counsel for defendant in support of his contention has placed his reliance upon the following case-law:-- (1) Chaudhry Mukhtar Ahmad v. National Bank of Pakistan and others (2007 CLD 501); and…
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