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MALIK LIGHTING vs UNITED BANK LIMITED Ss — 2021 CLD 1438 PESHAWAR-HIGH-COURT

Case information

Citation
2021 CLD 1438 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
CLD
Parties
MALIK LIGHTING vs UNITED BANK LIMITED Ss
Subject matter
Criminal
Provisions referred to
S. 4; Books Evidence Act

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

MALIK LIGHTING VS UNITED BANK LIMITED Ss. 10, 9 & 22---Procedure of Banking Court---Suit for recovery---Application for leave to defend---Statement of accounts---Scope-Defendant impugned order of Banking Court whereby its application for leave to defend was rejected and suit was decreed in favour of plaintiff Bank---Contention of defendant, inter alia, was that statement of account annexed by plaintiff Bank had various defects, which were pointed out in application for leave to defend, therefore the same ought to have been adjudicated upon---Validity---Statement of account furnished by plaintiff Bank had been properly bifurcated in two parts, showing withdrawals by defendant from time of first sanction of finance, and with some deposits as well and entries therein showed markup that had been charged from time to time, and recovery of the same had been made regular intervals---Such statement of account was prepared in accordance with banking practice and procedure, and certified per S. 4 of Bankers' Books Evidence Act, 1891---Challenge to such statement of account by defendant was merely perfunctory in nature and therefore leave to defend had rightly been rejected by Banking Court---Appeal was dismissed, in circumstances.

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