| Citation(s) |
|---|
| 2002 SLG 167 2002 SLD 167 2002 SCMR 1787 |
Supreme Court of Pakistan
Civil Petitions Nos. 595-/L and 601-L of 2002, decision dated: 28-02-2002
MUNIR A. SHEIKH, TANVIR AHMED KHAN, JUSTICE FAQIR MUHAMMAD KHOKHAR, JUSTICE
Sh. Maqbul Ahmad, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioners (in C.P. No. 595-L of 2002). M.D. Chaudhry, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate- on-Record for Petitioner (in C.P. No. 601-L of 2002).
Civil Petitions Nos. 595-/L and 601-L of 2002, decision dated: 28-02-2002
MUNIR A. SHEIKH, TANVIR AHMED KHAN, JUSTICE FAQIR MUHAMMAD KHOKHAR, JUSTICE
Sh. Maqbul Ahmad, Advocate Supreme Court and C.M. Lateef, Advocate-on-Record for Petitioners (in C.P. No. 595-L of 2002). M.D. Chaudhry, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate- on-Record for Petitioner (in C.P. No. 601-L of 2002).
AMJAD ALI AND ANOTHER
VS
MESSRS M.C.B. AND ANOTHER
Law: Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997
Section: 12
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)--Ss. 12 & 21---Constitution of Pakistan (1973), Art.185(3)--Supreme Court Rules, 1980, O.XIII, R.1---Petitions for leave to appeal barred by 425 days ---Condonation--- Banking Court on 7-4-2000 dismissed petitioners' applications for setting aside ex parte decree and their appeals were also dismissed on 19-10-2000--Petitioners alongwith petitions for leave to appeal filed applications for condonation of delay contending that criminal proceedings in respect of documents allegedly executed by them as guarantors, were pending against respondent-loanee and a Bank Officer, who were granted bail against cash security of Rs.2,50,000 each, which they deposited and was adjusted by said Court against loan on 30-7-2001, therefore, petitioners felt satisfied that decretal amount had .already been paid to Bank and there was no need to file appeal ---Validity--Impugned was passed on 19-10-2000, whereas in criminal case was passed on 30-7-2001, which too was set aside by High Court, thus, said ground could not be held to be sufficient---No explanation was given as to why petitioners against whom ex parte decree had been passed and their applications for setting aside the same had been dismissed, had not approached Supreme Court within period of limitation---Applications for condonation of delay were dismissed, resultantly main petitions were also dismissed as barred by time and leave to appeal was refused. JUDGMENT MUNIR A. SHEIKH, J.---By this common judgment we propose to decide both the petitions involving common question of law and facts. 2. The applications filed by the petitioners for setting aside ex parte decree of Banking Court which is against them as guarantors, were dismissed on 7-4-2000 against which they filed appeals' `before the Lahore High Court…
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