PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Syed AMEER ALI vs NATIONAL BANK OF PAKISTAN Ss — 2022 CLD 872 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 CLD 872 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
CLD
Parties
Syed AMEER ALI vs NATIONAL BANK OF PAKISTAN Ss
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

Syed AMEER ALI VS NATIONAL BANK OF PAKISTAN Ss. 9, 10 & 22---Recovery of finance---Relationship of financial institution and customer---Conditional leave---Furnishing Bank guarantee---Principle---Appellant/defendant was granted conditional leave to appear and defend the suit subject to deposit of Bank guarantee in excess of amount claimed by plaintiff Bank---Appellant/defendant failed to deposit Bank guarantee and suit was decreed in favour of Bank---Validity---Appellant/defendant denied relationship of financial institution and customer between parties---Such was a substantial question that required evidence---Banking Court was not justified in imposing condition of furnishing Bank guarantee for amount exceeding that claimed in suit---Discretion exercised by Banking Court was improper and such condition was harsh---Appellant/defendant had already mortgaged his agricultural land with respondent/plaintiff as security---Judgment and decree in question was passed only as a consequence of non-fulfillment of harsh condition--- At the time of grant of leave to defend the suit, imposition of condition was discretion of Court but such discretion was to be exercised judiciously according to facts and circumstances of case and condition, if any, should not be harsh---High Court set aside judgment and decree passed against appellant/defendant and remanded the matter to Banking Court for trial afresh---Appeal was allowed, in circumstances.

Other judgments reported in 2022 CLD

Back to the case-law library · Search Pakistani case law in Urdu or English