Case Details

Citation(s)
2004 SLG 2110 2004 SLD 2110 2004 CLD 973
Lahore High Court
Civil Original Suit No.59 of 2002, decision dated: 20-02-2003.
MIAN HAMID FAROOQ, J
Shoaib Zafar for Plaintiff. Ijaz ul Hassan and Khawaja Asif for Defendants Nos. 1 and 4 to 8. Nemo for other Defendants.

INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN through Attorney --Plaintiff

VS

. Messrs PROMETALS LTD. and 9 others ----Defendants

Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) S.10(1) Suit for recovery Failure to file leave to defend within the statutory period Consequence Where some of the defendants failed to file application for leave to defend the suit, as provided under the law, the allegations made in the plaint, shall be deemed to be admitted by the said defendants Suit was decreed in favour of the Bank and against the said defendants. Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497 and Messrs Qureshi Salt & Spices Industries, Khushab and another v. Muslim Commercial Bank Limited, Karachi 1999 SCMR 2353 ref. ORDER P.L.A. No.35 B of 2003 Let a copy of this application be handed over to the learned counsel for the plaintiff with the directions to file the reply to the said application within a period of 20 days with an advance copy to the learned counsel for the contesting defendants. Case to come up on 18 3 2003 for arguments. 2. Record of the case manifests that upon the presentation of the plaint, summons as prescribed under section 9(5) of Act, 2001 were issued to all the defendants. Pursuant thereto only aforenoted…
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