ASGHAR ALI vs NATIONAL BANK OF PAKISTAN Ss — 2023 CLD 1086 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 1086 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: ASGHAR ALI vs NATIONAL BANK OF PAKISTAN Ss
Subject matter: Civil
Provisions referred to: S. 10

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

ASGHAR ALI VS NATIONAL BANK OF PAKISTAN Ss. 9 & 10---Suit for recovery of bank loan---Leave to defend---Scope---Bank filed a suit for recovery of certain amount against the appellant---Appellant filed the application for leave to defend stating that the amount shown to have been disbursed to him was incorrect and that he had repaid the due amount, which was not reflected in the statement of account---Banking Court did not consider the defense taken by the appellant to be bona fide and consequently passed decree against him---Validity---Judgment passed by the Banking Court had not dealt with the defense raised by the appellant in any meaningful way---Appellant in his application for leave to defend had substantially complied with the requirements of S. 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Banking Court, however, had mechanically stated in the order that the appellant had not fulfilled the requirements of S. 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Appeal was allowed and the Banking Court was directed to expeditiously decide the application for leave to defend.

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