Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)----------S.10-Application for leave to appear and defend the suit--Non-filing of complete documents---Defendants alleged that amounts already paid by them were not adjusted by Baltic and were included in the liability---Defendants further alleged that manager of the branch of the Bank had misappropriated their finances---Documents relating to such allegations were not appended with application for leave to appear and defend the suit filed before Banking Court, hence the application was dismissed--Validity--Defendants should have placed all the documents before Banking Court as in their- absence, the Banking Court, while deciding application of defendants, of examination of those documents appropriate was stage---Had those documents been before Banking Court, it was appropriate possible that Banking Court might have been persuaded to grant the leave to appear and defend the suit to defendants---Defendants should have filed all the documents along with their leave application, which they failed to do so-High Court, in the interest of justice, declined to penalize the defendants on account of such error---Such documents gained more importance in view of the allegations of defendants that upon filing a complaint by them, the manager was dismissed from service and F.I.R. was registered on those charges---Pay-in-slip produced by defendants showed that they had deposited some amount and the same had not been adjusted in their account-high Court set aside the order passed by Banking Court and remanded the matter to Banking Court for deciding application for leave to appear the suit afresh---Appeal was allowed accordingly. (b) Administration of justice--- ----Courts of law are expected to be more vigilant conscious and considerate while deciding the valuable rights of parties. MIAN HAMID FAROOQ, J.--------Appellants/ judgment debtors, through the filing of the present first appeal have called in question judgment and decree dated 13-6-2001 whereby the learned Judge Banking Court after finding that the "defendants have failed to establish any ground for the grant of leave to defend the suit".…

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