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MUHAMMAD AMIN vs NATIONAL BANK OF PAKISTAN Ss — 2021 CLD 553 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 CLD 553 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
CLD
Parties
MUHAMMAD AMIN vs NATIONAL BANK OF PAKISTAN 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 AMIN VS NATIONAL BANK OF PAKISTAN Ss. 9(5), 10, 9 & 22---Constitution of Pakistan, Arts. 4 & 10A---Procedure of Banking Court---Service of notices on defendants---Effective service in terms of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001 (the Ordinance)---Principles of natural justice---Applicability---Suit for recovery was decreed ex parte against defendant---Contention of defendant, inter alia, was that service was not effected on defendant, and therefore ex parte decree was liable to be set aside---Validity---Provisions with regard to service on defendant under Ss. 9(5) & 10(2) of the Ordinance were not to be read disjunctively from rule of natural justice "audi alterm partem", which was to be read into every statute, along with Arts. 10A & 4 of the Constitution---In the present case, Banking Court held service as valid on defendant via publication in two newspapers and summonses were not served on defendant through any other prescribed modes, which was erroneous and thus ex parte decree was passed without proof of effective service---High Court set aside ex parte decree of Banking Court and remanded matter to Banking Court---Appeal was allowed, accordingly.

Other judgments reported in 2021 CLD

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