Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance, (XLVI of 2001) Ss. 9 & 17 General Clauses Act (X of 1897), S.24 A ¬Suit for recovery of loan amount Partial ex parte decree for Rs.98,260 as against suit amount of Rs.3,10,507 ¬Validity Neither record showed nor Banking Court had mentioned or referred to any document in impugned that on basis of which document Rs.98,260 had been found to be die from defendant Impugned did not show that how amount of Rs.98,260 had been worked out, and why sum of Rs.2,12,241 had been deducted from suit amount nor statement of accounts had been referred to Impugned was silent as to why Bank was not entitled to recover total suit amount ¬Impugned was sketchy, slip shod and devoid of reasons, which could not be called a 'judicial order" Even an executive authority was bound to give reasons for making order as per S.24 A of General Clauses Act, 1897 ¬Passing of such perfunctory order was deprecated High Court accepted appeal, set aside impugned /decree, resultantly suit would be deemed to be pending before Banking Court for its decision afresh in accordance with law. (b) Judgment Sketchy and slip shod Validity Judgment, which was sketchy, slip shod and devoid of reasons would not at all be a speaking and could not be called a judicial order" within parameters set up by law Passing of perfunctory order was disapproved Such would not be sustainable in law, thus, would be liable to be set aside. ORDER The appellant Bank, through the filing of the present appeal, has partly called in question judgment and decree dated 18 2 2002, whereby the learned Judge Banking Court passed an ex parte decree for the recovery of Rs.98,260 along with costs of funds and costs of suit, as against suit amount of Rs.3,10,507 against the respondents. 2. The facts relevant for the decision of the present appeal are that the appellant Bank/plaintiff, on 21 3 1993, filed a suit for recovery of Rs.3,10,507, which was initially decreed ex parte, however, later on the ex parte decree was set aside. During the pendency of the suit some of the defendants died and their legal representatives were impleaded. No application for the grant of leave to defend…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492