MUHAMMAD AMIR SAFDAR vs The BANK ALFALAH LIMITED Ss — 2021 CLD 1418 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLD 1418 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLD
Parties: MUHAMMAD AMIR SAFDAR vs The BANK ALFALAH LIMITED Ss
Subject matter: Civil
Provisions referred to: S. 9

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

MUHAMMAD AMIR SAFDAR VS The BANK ALFALAH LIMITED Ss. 9(5), 10 & 22--- Procedure of Banking Court--- Suit for recovery---Effective service upon defendants---Ex parte decree, setting aside of---Defendants impugned order of Banking Court whereby suit filed by plaintiff Bank was decreed ex parte---Contention of defendants, inter alia, was that no valid and effective service in terms of the Financial Institutions (Recovery of Finances) Ordinance, 2001 had been made, and they had been unaware of proceedings before Banking Court also on account of being forcibly dispossessed from their property, due to which they had to settle in another city---Validity---Per S. 9(5) of the said Ordinance, even if service was effected in any one of the modes given therein, same would be deemed valid service, which was done in the present case - Contention of defendants that they had been forcibly dispossessed was not tenable as it was as bounden duty of borrower to furnish information regarding change of his / her abode to the concerned Bank, which obligation the defendants did not fulfil---Suit was therefore validly decreed, ex parte by Banking Court---Appeal was dismissed, in circumstances.

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