HAQ NAWAZ vs HABIB BANK LIMITED through Manager, PAF Branch, Peshawar Ss — 2021 CLD 1367 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLD 1367 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLD
Parties: HAQ NAWAZ vs HABIB BANK LIMITED through Manager, PAF Branch, Peshawar Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAQ NAWAZ VS HABIB BANK LIMITED through Manager, PAF Branch, Peshawar Ss. 10, 9 & 22---Suit for recovery---Procedure of Banking Court---Application for leave to defend, adjudication of---Statement of account---Brought-Forward Entries in statement of accounts---Scope---Defendants impugned order of Banking Court whereby application for leave to defend of defendants was rejected and suit was decreed---Contention of defendants, inter alia, was that statement of account annexed by plaintiff Bank showed a "brought forward entry" of an amount, which was unaccounted for in documents annexed by Bank, and as such matter ought to have been adjudicated after allowing application to leave to defend---Validity---Record showed mortgage deeds pertaining to past years showing business relations between defendants and banks and during such business relations, certain credit facilities can be safely switched over when fresh sanction of finance was issued while specifying terms and conditions---In such circumstances, said "brought forward entry" was incorporated in statement of accounts by plaintiff Bank and Sanction Advice issued by plaintiff Bank was acknowledged by defendants---Defendants could not now question the very entries in statement of account to which they were beneficiaries, and such statement of account was free of ambiguities---Application for leave to defend was therefore rightly rejected by Banking Court---Appeal was dismissed, accordingly.

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