Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss.10 & 21 Leave to defend Proper opportunity of hearing Banking Court dismissed leave application and decreed suit on a date, when only main case was fixed for ex parte arguments Validity Appellant had not been given proper opportunity of arguing his leave application as same was not fixed for arguments on, such date Impugned was without sufficient reason as same did not reflect application of mind by Banking Court to grounds set out in leave application High Court accepted appeal, set aside impugned /decree and remanded case to Banking Court for decision on leave application. JUDGMENT MIAN SAQIB NISAR, J. The respondent Bank brought a suit for recovery against the appellant before the learned Banking Court 11, Faisalabad, in which the appellant applied for leave to appear and defend. The case was fixed for arguments on the application on 15 3 2001 when the appellant failed to appear and was proceeded against ex parte. The case was fixed for ex parte argument on 16 3 2001, on the main suit, when the appellant moved an application for setting aside of the ex parte proceedings. From the order sheet it does not transpire if such application was accepted, but in the impugned judgment dated 16 3 2001 it is stated "the application of the defendants accepted and given an opportunity to argue the main case on the date already fixed". Anyhow, it seems that after hearing the parties the application for leave to appear and defend had been dismissed and the suit had been decreed. 2. Learned counsel for the appellant states that the case was not fixed for hearing…

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