Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss.10, 15 & 21 Suit for recovery of loan by Bank ¬Banking Court decreed the suit against all defendants by observing that appellant defendant had not filed any application for leave to defend the suit Validity High Court after examining the original record found that appellant defendant had in fact filed such application, which was lying on record of Banking Court Appellant¬-defendant was, thus, entitled to be heard on such application High Court accepted the appeal and set aside the impugned and decree to the extent of appellant defendant only with directions to Banking Court to decide said application within specified period after hearing the parties. JUDGMENT JAWWAD KHAWAJA, J. This appeal has been filed by Mst. Samina Riaz, who was defendant No.2 before the learned Banking Court No.II, Lahore. It impugns the order, dated 3 4 2001, whereby the suit filed by the respondent Bank was decreed against all the defendants. The learned Banking Court while passing the impugned order observed that the appellant defendant had not filed any application seeking leave to appear and defend. We have examined the original record and note that Mst. A Samina…

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