Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9(2) & 10(4)---Banker's Books Evidence Act (XVIII of 1891) Ss.2(8) & 4---Suit for recovery---Certification of statement of account by "Principal Accountant" or Manager"---Requirements--- Application for leave to defend was dismissed--- Defendant raised objection regarding authenticity of statement of account filed by plaintiff/Bank---Contention of defendant was that statement of account had not been certified by the "Principal Accountant" or "Manager" of the Bank in terms of Bankers' Books Evidence Act, 1891, and had instead been certified by a "Senior Officer", therefore, the same was defective---Validity---Defendant at this stage, after the leave to defend application had been dismissed, could not raise such an objection, and even otherwise in the defendant's application for leave to defend, no single entry or illustration in the statement of account was shown to be incorrect nor any discrepancy was shown therein---Statement of account carried presumption of truth by virtue of S.4 of the Banker's Books Evidence Act, 1891 when entries therein were not rebutted with cogent reasons---Every Financial Institution had a "principal accountant" and "manager", but it was not necessary that the said titles of designations were allocated to such officers or were mentioned with their names---No legal bar existed for a Senior Officer, who in the opinion of the Financial Institution was qualified and capable of handling and supervising accounts, to be assigned the task, charge and responsibility of a "principal accountant" or "manager"---Defendants had not made the case that the officer who certified the statement of account was not a senior officer or that the statement of account did not bear any certification---Officer, in the present case, was admittedly a senior officer and attorney of the plaintiff Financial Institution, and power of attorney had been executed in his favour by the plaintiff Bank, which was on record---In any such organization, a senior officer was certainly deemed to be senior or at least equivalent to a manager---Statement of account filed by the plaintiff…

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