| Citation(s) |
|---|
| 2021 SLG 273 2021 SLD 273 2021 PLJ 144 |
F.A.O. No. 291 of 2014, decided on 30.04.2019, Date of hearing: 30.04.2019.
MUZAMIL AKHTAR SHABIR AND MUHAMMAD SAJID MEHMOOD SETHI, JJ.
Mr. Zain, Advocate, vice Mian Zaheer Ahmad, Advocate for Appellant.
MUHAMMAD QAYYUM
VS
HABIB BANK LIMITED
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 12,22
----Ss. 12 22--Suit for recovery of amount was ex-parte decree--Filing of application for setting aside ex-parte decree--Dismissed--Challenge to--Neither appellant has mentioned his address in application under Section 12 of FIO, 2001 nor taken any specific stance regarding change of address or address where he was allegedly residing at time of issuance of process of Court--It is further transpired that all four modes of service were adopted as per address of appellant given in his documents submitted before respondent-bank at time of availing running finance facility--Judge Banking Court, after examining record, rightly dismissed application under Section 12 of FIO, 2001--Counsel for appellant has failed to point out any illegality or legal infirmity in impugned order, therefore, no interference is warranted--Appeal was dismissed. [P. 146] A B
Order
Through instant first appeal against order filed under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance (“FIO”), 2001, appellant has assailed order dated 08.04.2014,
passed by learned Judge Banking Court-II, Lahore, whereby appellant’s application under Section 12 of the FIO, 2001, for
setting aside ex-parte judgment and decree dated 30.01.2010, was dismissed.
2. Brief facts of the case are that respondent-bank instituted suit for recovery of Rs. 20,21,257.43 against the appellant, claiming therein that appellant availed running finance facility against the security of hypothecation of stock as well as mortgage of properties, but failed to discharge liability under the agreement for financing. The suit was ex parte decreed vide judgment decree dated 30.01.2010. Appellant moved an application under Section 12 of the FIO, 2001, for setting aside aforesaid ex parte judgment decree, which was contested by respondent-bank by filing written reply. Learned Judge Banking Court, after hearing the arguments of learned counsel for the parties, dismissed said application vide impugned order dated 08.04.2014. Hence, this appeal.
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