MOHAMMAD IFTIKHAR vs FIRST DAWOOD INVESTMENT BANK LTD — 2023 CLD 1124 KARACHI-HIGH-COURT-SINDH

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MOHAMMAD IFTIKHAR VS FIRST DAWOOD INVESTMENT BANK LTD. Ss. 9 & 22---Civil Procedure Code (V of 1908), S. 12(2) & O. IX, R. 13---Suit for recovery of finances---Judgment, setting aside of---Fraud and misrepresentation---Proof---Settlement, concealing of---Appellant/defendant did not appear in Banking Court and suit to his extent was decreed---Plea raised by appellant/defendant was that respondent/Bank concealed fact of settlement arrived at by him---Validity---Simply by moving an application on the grounds of fraud and misrepresentation to cover his negligence to pursue the matter and to make an attempt to neutralize vires of judgment subsisting against borrowers would not protect them from the repercussion, which were bound to follow them---In absence of any convincing evidence, no misrepresentation or fraud could be alleged to have been contrived by respondent/Bank to obtain a decision in its favour, which came into being mainly due to failure of appellant/defendant to put up appearance before the Court in pursuance of the notices and summons issued to him---Banking Court considered material facts including settlement between the parties---Amount paid by appellant/defendant was deducted from the amount claimed by respondent/Bank---Nothing was available on the record, which could show that appellant/defendant while acting upon settlement reached between him and the Bank in year 2013 had either fulfilled terms of that settlement and/or had paid outstanding amount due against him to respondent/Bank---In absence of any proof in respect thereof, filing of application under S. 12(2) of C.P.C. lacked bona fide on the part of appellant/defendant---High Court declined to interfere in order passed by Banking Court as there was no concealment of facts and/or misrepresentation on the part of respondent/Bank as alleged by appellant/defendant---Appeal was dismissed, in circumstances.

MOHAMMAD IFTIKHAR vs FIRST DAWOOD INVESTMENT BANK LTD — 2023 CLD 1124 KARACHI-HIGH-COURT-SINDH

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