| Citation(s) |
|---|
| 2017 SLG 664 2017 SLD 664 2017 CLD 342 |
Sindh High Court
Special High Court Appeal No. 32 of 2012, decided on 10th October, 2016, heard on: 6th September, 2016.
AQEEL AHMED ABBASI, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Syed Muhammad Abbas Hyder along with Atif Hafeez for Appellant. Neel Keshav along with Nisar Ahmed Channa, Head Recovery Officer for
Respondent.
Special High Court Appeal No. 32 of 2012, decided on 10th October, 2016, heard on: 6th September, 2016.
AQEEL AHMED ABBASI, JUSTICE, ABDUL MAALIK GADDI, JUSTICE
Syed Muhammad Abbas Hyder along with Atif Hafeez for Appellant. Neel Keshav along with Nisar Ahmed Channa, Head Recovery Officer for
Respondent.
M/S. DEWAN AUTOMOTIVE ENGINEERING LIMITED FORMERLY DELTA INNOVATIONS LIMITED --Appellant
VS
MESSRS SONERI BANK LIMITED --Respondent
Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
Section: 9,22
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 22---Suit for recovery of finance---Holder of power of attorney---Authority to file plaint---Single Judge of High Court declined to grant leave to defend the suit and decreed the same in favour of Bank---Plea raised by borrower was that the person who instituted suit was not authorized to file the same---Validity---Person who had signed the plaint was holding valid power of attorney by fulfilling all legal requirements and was a competent person who instituted the suit---Borrower had not denied execution of documents in between parties and was not entitled for leave to defend the suit---Borrower did not discharge his obligation as per agreements and the suit was rightly instituted by Bank---Borrower denied claim of Bank and by consent the matter was referred to Chartered Accountant whose report was on record---After receiving report of Chartered Accountant, Single Judge of High Court rightly decreed the suit in favour of Bank---Division Bench of High Court declined to interfere in the and decree passed by Single Judge of High Court---Appeal was dismissed in circumstances. Deputy Manager PESCO WAPDA Abbotabad and 2 others v. Ali Match (Pvt.) Ltd. and 9 others 2016 CLC 1133; Telecard Limited through Authorized Representative v. Pakistan Telecommunication Authority through Chairman 2014 CLD 415; Hasnain Cotex Ltd. and 2 others v. Jasim Khan 2012 YLR 2743; Messrs Pharmatec Pakistan (Pvt.) Ltd. through Managing Director and 3 others v. Amjid Ali Shah 2016 MLD 1341; Mamdot (Represented by 6 Heirs) v. Messrs Ghulam Nabi Corporation Ltd., Lahore PLD 1971 SC 550; Elbow Room and another v. MCB Bank Limited 2014 CLD 985; Habib-ur-Rehman v. Judge Banking Court No.4, Lahore and another 2006 CLD 217; United Bank Limited, Stock Exchange Branch, Lahore v. S. Khalid Hakeem 2002 CLD 1275; Messrs International Business Centre, through Managing Director and another v. Habib Credit and Exchange Bank Ltd. 2004 CLD 1552; Mst. Bhag Bhari and another v. Fateh Khan and others PLD 1960 (W.P.) Lah. 1216; Mirza Abdul Hamid and another v. The Custodian of Evacuee Property and another PLD 1969 Lah. 404;…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492