| Citation(s) |
|---|
| 2015 SLG 216 2015 SLD 216 2015 CLD 56 |
Supreme Court of Pakistan
Civil Petition No. 752-L of 2010, decision dated: 12-03-2013. (On appeal from the judgment dated 24-2-2010 passed by the Lahore High Court, Lahore in R.F.A. No.579 of 2002)
TASSADUQ HUSSAIN, JILLANI AND SARMAD, JALAL OSMANY, JJ
Hamid Shabbir Azar, Advocate Supreme Court and Mahmood ul Islam, Advocate-on-Record for Petitioners.
Respondents Nos.2 and 6 in person. Ijaz Anwar, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for
Respondent
Civil Petition No. 752-L of 2010, decision dated: 12-03-2013. (On appeal from the judgment dated 24-2-2010 passed by the Lahore High Court, Lahore in R.F.A. No.579 of 2002)
TASSADUQ HUSSAIN, JILLANI AND SARMAD, JALAL OSMANY, JJ
Hamid Shabbir Azar, Advocate Supreme Court and Mahmood ul Islam, Advocate-on-Record for Petitioners.
Respondents Nos.2 and 6 in person. Ijaz Anwar, Advocate Supreme Court and Haji Muhammad Rafi Siddiqui, Advocate-on-Record for
Respondent
BANKERS EQUITY (LTD.) and others
VS
Messrs BENTONITE PAKISTAN LTD. and others
Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
Section: 9(1),(2)
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9(1) & (2)---Recovery suit---Non-compliance with Ss. 9(1) & (2) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Rectifiable mistake/omission---Recovery suit filed by plaintiff-institution was solely rejected on the ground that it had failed to comply with Ss. 9(1) & (2) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Defendant in all fairness admitted that omission/mistake on part of plaintiff-institution was rectifiable and if plaintiff amended the plaint within a period of 15 days, defendant had no objection---Supreme Court in view of the fair stand taken by the defendant set aside the impugned and directed the plaintiff to file amended suit within 15 days---Appeal was allowed accordingly. ORDER TASSADUQ HUSSAIN JILLANI, J.---Learned counsel for the petitioners submits that in the suit for recovery filed by the petitioners' plaint was rejected solely on the ground that petitioner/plaintiffs had failed to comply with sections 9(1) and (2) of the Financial Institutions…
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