| Citation(s) |
|---|
| 2013 SLG 2113 2013 SLD 2113 2013 CLD 854 |
Sindh High Court
First Appeal No.152 of 2010, decision dated: 19-12-2012.
MUSHIR ALAM, C.J. AND MUHAMMAD SHAFI SIDDIQUI, J
Samia Faiz Durrani and Manzoorul Haq for Appellant. Muhammad Saleem Thepdawala for
Respondents.
First Appeal No.152 of 2010, decision dated: 19-12-2012.
MUSHIR ALAM, C.J. AND MUHAMMAD SHAFI SIDDIQUI, J
Samia Faiz Durrani and Manzoorul Haq for Appellant. Muhammad Saleem Thepdawala for
Respondents.
CRESCENT LEASING CORPORATION LIMITED through Constituted AttorneyvsMessrs SARHAD GOODS TRANSPORT COMPANY and 3 others
Law:
Section:
(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 10 & 22---Civil Procedure Code (V of 1908), O.XLI, R.33--- Suit for recovery of finance/loan---Application for leave to defend---Defendant alleged non-delivery of leased assets to him by Bank---Dismissal of leave application by Banking Court while directing parties to submit accounts/break-up along with supporting documents---Non-delivery of leased assets to defendant discovered from such documents, which resulted into dismissal of suit---Bank's plea was that after dismissing leave application, Banking Court was bound to decree suit---Validity---Issue addressed and decided at time of dismissal of leave application could not be reconsidered by Banking Court---Interim order of dismissal of leave application had merged with final order of dismissal of suit---Defendant by alleging non-delivery of leased assets had raised substantial question of fact and law, thus, Banking Court ought to have granted him leave to defend suit---Jurisdiction exercisable by High Court in an appeal arising from and decree would be in continuation of original suit---Appellate Court could exercise powers available to original court---Mere setting aside of impugned /decree would not meet ends of justice as interim order of dismissal of leave application would then become operative---Defendant's omission to file cross-objections against findings recorded by Banking Court while dismissing leave application could be saved in terms of O.XLI, R.33, C.P.C.---Banking Court had decided leave application without considering material available on record---High Court granted leave application unconditionally and remanded case to Banking Court to decide question of handling over possession of leased assets after recording evidence of parties. Messrs Ahmad Autos v. Allied Bank of Pakistan Limited PLD 1990 SC 497; Mrs. Jawahar Afzal v. Messrs United Bank Limited 2003 CLD 119; CM. Textile Mills (Pvt.) Ltd. v. Investment Corporation of Pakistan 2004 CLD 587; Bankers Equity Limited v. Bentonite Pakistan Limited 2010 CLD 651 and Tariq Rafique Sheikh v. Citi Bank 2008 CLD 1252 ref. Muhammad Nawaz v. Ahmad Bibi 1995…
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