Case Details

Citation(s)
1998 SLG 1228 1998 SLD 1228 1998 CLC 314
Sindh High Court
Suit No.672 of 1990 and Civil Miscellaneous Application No. 2902 of 1993, decision dated: 23rd May, 1996
MRS. MAJIDA RAZVI, J
Muhammad Shareef for Plaintiff. S. Iqbal Ahmed for Defendant

Messrs SHAFIQ HANIF (PVT.) LTD.----Plaintiff

VS

BANK OF CREDIT AND COMMERCE INTERNATIONAL--Defendant

Law:

Section:

Civil Procedure Code (V of 1908)-------O. XXII, R.10, O.VI, R. 17 & O.I, R. 10---Application for substitution of defendant---Entitlement---Defendant (Bank) having gone in liquidation, was merged with applicant Bank under amalgamation scheme prepared by State Bank with approval of Government---Applicant having acquired rights and liabilities of defendant claimed to be substituted in its place---Assignment of assets and liabilities of defendant having been effected in accordance with law, it was for assignee to decide as to when it felt that its interest was/or would not be protected, to apply for substitution---Court in such case would only see that the assignment so made complied with all legal provisions---Assignor (defendant) having gone into liquidation could not look after interests of assignee---Assignee (applicant) had waited till formalities were complied with and when it felt that assignor would not be able to look after interest of assignee in a manner that assignee itself could do, it applied for substitution of name of defendant--­Applicant was, thus, entitled to substitution of its name in place of defendant on the title of plaint and elsewhere in the plaint---Amended title page was allowed to be filed within specified period. Mst. Surraya Mst. Suban Begum 1992 SCMR 652: Halsbury's Laws of England, Fourth Edn., Vol. 44, para. 995 and Ameer Muhammad v. Jiwanlal AIR 1952 MB 154 ref. ORDER This is an application under Order 22, Rule 10, Order 6, Rule 17 and Order 1, Rule 10 read with section 151, C.P.C., filed on behalf of Habib Credit and Exchange Bank Limited. Mr. S. Iqbal Ahmed, the learned counsel for the applicant contended that under the Amalgamation Scheme prepared by the State Bank of Pakistan with the approval of the Government of Pakistan, the Habib Bank Limited and the Liquidators of BCCI (Overseas) Limited entered into an agreement in accordance to which the three branches of the BCCI (Overseas) situated at Karachi, Lahore and Rawalpindi were merged with the Habib Bank Limited. He further submitted that Habib Credit and Exchange Bank Ltd. the present applicant, is a subsidiary of the HBL and pursuant to the Objects Clause 111 (a) of the…
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