| Citation(s) |
|---|
| 2006 SLG 2957 2006 SLD 2957 2006 CLD 1506 |
Sindh High Court
First Appeal No.67 and C.M.A. No.1161 of 2005, decision dated: 31st August, 2006.
ANWAR ZAHEER, JAMALI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ
Mukhtiar Ahmed for Appellants. Badar Alam for
Respondent No. 1. Nemo for other
Respondents.
First Appeal No.67 and C.M.A. No.1161 of 2005, decision dated: 31st August, 2006.
ANWAR ZAHEER, JAMALI AND SYED ZAWWAR HUSSAIN, JAFFERY, JJ
Mukhtiar Ahmed for Appellants. Badar Alam for
Respondent No. 1. Nemo for other
Respondents.
NAJMUL HASSAN ATA and 4 others
VS
. HABIB BANK LIMITED through President and 5 others
Law:
Section:
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)------S. 2---Appeal---Counsel for appellant conceded that appellants had no case to pursue the appeal, however with reference to position of one appellant, who since had died, it was contended that impugned against deceased appellant was unjustified as she was not original borrower, but had executed some documents in favour of the Bank to secure payment from other appellants--Submission of counsel for appellants was that liability of deceased appellant would be confined only to the extent of liability created against her through execution of documents---Validity--Impugned and decree, in circumstances could be executed against deceased appellant only to the extent of her liability in view of documents executed by her. ORDER This appeal under section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, is directed against the judgment and decree dated 18-7-2005 and 24-7-2005 respectively passed by Banking Court No.1 at Karachi in Suit No.607 of 2003. Against the same judgment another appeal being Appeal No.47 of 2005 was preferred by respondents Nos.3 to 6, which was dismissed in limine vide order of this Court dated. 30-8-2005, except for the sum of Rs.28,980 for which pre-admission notice was issued to the respondents in that appeal. Today when 1st Appeal No.47 of 2005 came up for hearing before us with reference to such limited controversy, highlighted in order dated 30-8-2005, we have dismissed the same in limine as per separate order passed in that appeal. 2. Mr. Mukhtiar Ahmed, learned counsel for appellants realizing this position has frankly conceded that appellants Nos.1 to 4 have no case to pursue this appeal as the judgment passed in 1st Appeal No.47 of 2005 dated 30-8-2005 read with order dated 31-8-2006 is squarely applicable to their…
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