Law:

Section:

Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) Ss.9 & 10 Suit for recovery of loan Grant of leave to appear and defend suit Principles Grant of leave was not a matter of routine or matter of right Defendant seeking leave to defend had to disclose a plausible defence and where no substantial question of law or fact was involved needing trial and the defence set up was vague or sham, leave could be refused and the suit decreed For the purpose of grant of leave to defend, the party was required to make out a plausible cause and must show that serious and bona fide dispute existed between the parties which could not be resolved without recording evidence ¬Defendant, in the present case, had not come with clean hands and had failed to make out plausible cause to defend suit Trial Court, in circumstances, had rightly exercised its discretion in refusing leave to the defendant and order of the Trial Court could not be interfered with. Pan Ocean Enterprises (Pvt.) Limited and 4 others v. Faysal Islamic Bank of Bahrain and others 1996 MLD 816; Messrs United Bank Limited v. Flora Textiles Limited and 6 others PLD 1996 Lah. 333; Hazoor Bakhsh v. Ghulam Farid 1996 MLD 704; Messrs Ali Match Industries Limited and 3 others v. Industrial Development Bank of Pakistan 1997 SCMR 943; Sheikh Gulzar Ali & Company Limited and others v. Special Judge, Special Court of Banking and another 1991 SCMR 590 and United Bank Limited v. Muhammad Sharfuddin 2000 MLD 456 ref. JUDGMENT IJAZ UL HASSAN, J. Mst. Anwar Begum appellant has filed instant appeal under section 21 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997) to assail the judgment and decree of the learned Judge Banking Court Hazara Division, Abbottabad dated 25 9 2000 vide which the appellant was refused leave to appear and defend the suit, with the result that the plaintiff/respondent-Bank was granted a decree as prayed for alongwith future mark up etc. 2. Facts relevant for the disposal of this appeal are, that: Allied Bank of Pakistan Limited through its Officer/Attorney respectively Main Bazar Branch, Haripur instituted suit against…

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