Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 200I)-----Ss. 9, 10 & 22---Suit for recovery of loan---Leave to defend suit---Appeal---Plaintiff/Bank through convincing and reliable evidence proved that finance facility was availed by defendant under the Prime Minister Transport Scheme and he failed to repay the amount of finance facility---Vehicle in question was admittedly impounded by plaintiff and was sold/auctioned by it and amount thereof was adjusted towards outstanding amount of finance facility---Appeal was accepted to the extent that plaintiff-Bank was not entitled to mark-up till passing of the decree---After deducting mark-up of said period, remaining amount would stand decreed against defendant in favour of plaintiff. ORDER TALAAT QAYUM QURESHI, J.---United Bank Limited, the respondent/plaintiff, filed a suit for recovery of Rs.2,15,438 with mark-up and liquidated damages against the appellant/ defendant before the Judge Banking Court, Peshawar. The appellant filed application for grant of leave to defend the suit which was contested by the respondent-Bank. The learned trial Court granted leave to defend the suit whereafter, parties were invited to lead their evidence. Respondent-Bank recorded its evidence whereas the appellant despite availing many chances for examining the witnesses did not avail the opportunity of adducing evidence. Resultantly, the evidence of the appellant were closed under Order XVII, rule 3, C.P.C. vide order, dated 26-10-2004 and the decree for recovery of Rs.2,15,438 was passed in favour of respondent against the appellant vide judgment, dated 15-2-2005. Being not contended with the judgment and decree of the Court below, the appellant has filed the appeal in hand. 2. Mr. Qasim Khan Khattak, Advocate, argued that the learned Court below has failed to address all the points agitated in the application for grant of leave to defend the suit. 3. It was argued…

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