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SAEED AKHTAR vs MUSLIM COMMERCIAL BANK PAKISTAN LTD — 2022 CLD 1523 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLD 1523 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLD
Parties
SAEED AKHTAR vs MUSLIM COMMERCIAL BANK PAKISTAN LTD
Subject matter
Civil
Provisions referred to
S. 12; S. 9; Civil Procedure Code (V of 1908)

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

SAEED AKHTAR VS MUSLIM COMMERCIAL BANK PAKISTAN LTD. Ss. 2(c), 9, 19 & 22---Civil Procedure Code (V of 1908), S. 12(2)---Banking suit---Scope---Party not part of Banking suit---Appellant claimed to be owner of mortgaged property, who sought setting aside of attachment order passed by Banking Court after the suit was decreed in favour of bank---Banking Court declined to set aside judgment and decree passed in favour of bank---Validity---Judgment and decree and order for attachment of mortgaged property passed during execution proceedings as well as orders dismissing application of appellant could not be assailed by appellant in such proceedings---Scope of banking suit was limited to the extent of a dispute between customer and financial institution in respect of finance so advanced and its recovery in case of default---Appellants were strangers to suit proceedings who failed to establish their nexus with banking suit filed for recovery of amount by respondent Bank against its customer under S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court declined to interfere in the orders passed by Banking Court---Appeal was dismissed, in circumstances.

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