Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------- --------Ss. 9, 10 & 22-------Negotiable Instruments Act (XXVI of 1881), Ss. 20 & 118-------Appeal-------Leave to defend the suit-------Blank documents-------Presumption-------Non-recording of evidence-------Suit for recovery of finance was decreed in favour of Bank-------Plea raised by defendants was that they signed blank documents and suit was decided without recording of evidence-------Validity-------Defendents in their application for leave to defend the suit, did not deny their signatures on financing and security documents and execution thereof-------No material was placed on record to establish that they had already repaid amount of finances availed by them and got mortgage of property redeemed or that they were not liable to pay the amount claimed in the suit by bank-------No material was available before Banking Court that could create any doubt with regard to the claim of Bank and as such there was no question of recording evidence-------Defendants legitimately could not challenge legality, validity and genuineness of documents in view of the provisions of S.20 of Negotiable Instruments Act, 1888-------Presumptions were attached to negotiable instruments that the same were made or drawn for consideration etc. in view of the provisions of S.118 of Negotiable Instruments Act, 1881-------Defendants failed in raising any substantial question of law or fact, therefore, Banking Court was justified in dismissing their application for leave to defend and suit was rightly decreed in favour of Bank-------High Court declined to interfere in and decree passed by Banking Court-------Appeal was dismissed in circumstances. MCB Bank Limited v. Eastern Capital Ltd. and 7 others 2011 CLD 84; Habib Metropolitan Bank Limited through Attorney v. Century 21 Textile and Sportswear (Pvt.) Limited and 3 others 2014 CLD 729 and Elbow Room and another v. MCB Bank Limited 2014 CLD 985 distinguished. Apollo Textile Mills Ltd. and others v. Soneri Bank Ltd. 2012 CLD 337; Muhammad Akhtar Hookmani and others v. Faysal Bank Limited 2015 CLD 227; Muhammad Arshad and another v. Citibank N.A., Lahore…

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