| Citation(s) |
|---|
| 2002 SLG 2244 2002 SLD 2244 2002 CLD 1279 |
Lahore High Court
Regular First Appeal No. 129 of 2002, heard on 18-04-2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Asghar Hameed Bhutta for Appellants. Mian Azhar Hussain for
Respondent.
Regular First Appeal No. 129 of 2002, heard on 18-04-2002.
JAWWAD S. KHAWAJA AND ABDUL SHAKOOR PARACHA, JJ
Asghar Hameed Bhutta for Appellants. Mian Azhar Hussain for
Respondent.
AMJAD LATIF and 5 others --Appellants
VS
. ALLIED BANK OF PAKISTAN --Respondent
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.22 Banking Tribunal Ordinance (LVIII of 1984), S.6 ¬Appeal Conditional leave to appear and defend the suit, non compliance of Decree without trial Banking Court while passing and decree had neither referred to the leave granting order nor reached the conclusion that the conditional leave granting order was not complied with by the appellants Validity High Court found no justification for the suit of the Bank being decreed without trial as a regular suit at least in respect of the present appellants, who were legal representatives of the borrower Judgment and decree passed by the Banking Court were set aside and the case was remanded to the Banking Court for decision afresh Appeal was allowed accordingly. JUDGMENT JAWWAD S. KHAWAJA, J. We have already noted the reasons for admitting this appeal to regular hearing in our order, dated 28 2 2002. The learned counsel appearing for the respondent Bank does not deny that leave to defend was granted to defendant No.1, namely, Abdul Latif vide order, dated 5 5 1988 passed by the learned Special Court (Banking).…
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