Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (LXVI of 2001)------Ss.9 & 10--Recovery of bank loan-Leave to defend the suit, refusal of--Plea of fabricated loan documents--Defendants had not denied availing of loan facilities and also claimed to have paid certain amounts towards discharge of their liability but had denied execution of loan documents in vague and general terms by not raising any specific plea regarding fabrication or forgery of the documents-Defendants had also not denied execution of guarantees and mortgaging documents in favour of bank--Effect---Allegations raised by the defendants were bald and had contradicted their case---Banking Court had rightly refused leave to defend the suit and the suit was rightly decreed in favour of bank---Appeal was dismissed in circumstances. (b) Financial Institutions (Recovery of Finances) Ordinance (LXVI of 2001) --- ---Ss. 9 & 10---Leave to defend the suit, grant of-Amount deposited by defendants was disputed by the bank---Banking Court dismissed the application for leave to defend the suit and decreed the suit in favour of the bank after adjusting the disputed amount in favour of defendants---Effect---Deposit of disputed amount was an issue between the parties and instead of disallowing the amount to the bank, leave should have been granted to the defendants to the extent of the disputed amount--Such dispute should have been resolved after framing of issues and trial--Denial of the amount to the bank at leave granting stage was illegal and unlawful---Judgment and decree passed by the Banking Court to the extent of disputed amount was set aside Application for leave to defend the suit was allowed to the extent of amount deposited by the defendants-Case was remanded to the Banking Court for decision after trial Appeal was allowed accordingly. JUDGMENT MIAN SAQIB NISAR, J.--Both these appeals (R.F.As. Nos.336 of 2002 and 307 of 2002), are against the same judgment and decree of the learned Banking Court as well as between the same parties, thus, are being disposed of together. 2. Briefly stated the facts of the case are that the respondent-Bank brought a suit for the recovery of…

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