NAVEED MASOOD MALIK vs BANK ALFALAH LIMITED Ss — 2022 CLD 1 LAHORE-HIGH-COURT-LAHORE

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NAVEED MASOOD MALIK VS BANK ALFALAH LIMITED Ss. 9, 10 & 22---Suit for recovery of finance---Leave to appeal, refusal of---Defence version---Appellant/borrower was aggrieved of order passed by Trial Court dismissing application for grant of leave to defend the case---Plea raised by appellant/borrower was that his business partner was not arrayed as co-defendant---Validity---Appellant/borrower and his business partner availed finance facility from respondent/Bank for which property of appellant/borrower was mortgaged as security---Any person who made payment of markup under finance facility and at the same time denied having no connection with it was not setting forth a genuine defence---High Court refused to accept version of facts made by appellant/borrower when record had contradicted the same---Appellant/borrower did not raise any substantial, genuine defence on facts necessitating recording of evidence as involvement of appellant/borrower in transaction of finance was substantiated by payment made by him for adjustment of markup--- No genuine dispute of facts if record did not support a finding in favour of appellant/borrower---Defence raised by appellant/borrower was neither genuine nor bona fide---High Court declined to interfere in the order passed by Trial Court---Appeal was dismissed, in circumstances. S. 10(8)---Leave to defend the suit, grant of---Principle---Opinion formed by Banking Court under S. 10(8) of Financial Institutions (Recovery of Finances) Ordinance, 2001, for grant of leave is dependent on the contents of plaint, application for leave to defend and reply thereto---Banking Court is bound to consider in totality the case set up by plaintiff and defence of defendant in making a determination that a substantial and genuine question of fact has been raised on the basis of available record requiring trial for its decision thereby denying a summary judgment in favour of plaintiff---Quality of defence must be of such a nature as to carry some plausible degree of conviction---Defence raised by defendant must be more than an arguable case.

NAVEED MASOOD MALIK vs BANK ALFALAH LIMITED Ss — 2022 CLD 1 LAHORE-HIGH-COURT-LAHORE

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