INDUSTRIAL DEVELOPMENT BANK LIMITED vs KAGHAN GHEE MILLS (PVT — 2022 CLD 522 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 CLD 522 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: CLD
Parties: INDUSTRIAL DEVELOPMENT BANK LIMITED vs KAGHAN GHEE MILLS (PVT
Subject matter: Civil

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

INDUSTRIAL DEVELOPMENT BANK LIMITED VS KAGHAN GHEE MILLS (PVT.) LIMITED Ss. 9, 19 & 22---Suit for recovery of finance---Execution proceedings---Restoration of suit---Appellant/Bank filed suit against respondent/defendant which suit was decreed with consent of both the parties---During execution proceedings, appellant/Bank sought restoration of suit for its decision on merits---Validity---Appellant/Bank itself did not perform its legal obligation as per settlement deed during proceedings of recovery suit before Banking Court---Neither appellant/Bank made request for sine die adjournment of suit at relevant time nor filed fresh suit on account of default in payment of installments of agreed amount by respondent/defendant---Rather appellant/Bank happily received settled amount during execution proceedings---Executing Court right turned down application of appellant/Bank for revival of original suit as Executing Court could not modify decree and go beyond the same---High Court declined to interfere in the order passed by Executing Court as the same did not suffer from any illegality, misreading or non-reading of record---Appeal was dismissed, in circumstances. Head NotesCase Description

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