HABIB BANK LIMITED vs SAJID CLOTH HOUSE Ss — 2023 CLD 1481 LAHORE-HIGH-COURT-LAHORE

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HABIB BANK LIMITED VS SAJID CLOTH HOUSE Ss. 8 & 9---Civil Procedure Code (V of 1908), O. VII, R. 11---Suit for recovery of written-off finances---Pre-condition---Limitation---Scope---Banking Court dismissed suit filed by the bank under O. VII, R. 11, Civil Procedure Code, 1908, on the ground that the same was filed without observing conditions prescribed in S. 8 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Contention of the appellant/bank was that suit was instituted after passing Resolution in the meeting of Board of Governors---Validity---Record (statement of accounts etc.) indicated that in the year 2014 a certain principal amount which was credited in the account of respondent/customer was written-off by the appellant/bank showing the remaining balance as zero, whereas not a single document was found (in the record) which could prove that after passing Resolution in the meeting the suit-in-question was instituted---Besides, suit-in-question was instituted after a belated stage---Section 8 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, stipulated that the Bank could institute the suit against the respondent/customer within the prescribed period of five years with only one pre-condition of prior approval from the Board of Governors---Thus, the impugned order passed by the Banking Court was not open to debate for the High Court, for being based on sound reasoning which did not call for interference for the High Court in exercise of appellate jurisdiction---No illegality or infirmity was noticed in the impugned order and judgment passed by the Banking Court dismissing the suit filed by the appellant/Bank under O. VII, R. 11, Civil Procedure Code, 1908---Appeal filed by the Bank was dismissed, in circumstances.

HABIB BANK LIMITED vs SAJID CLOTH HOUSE Ss — 2023 CLD 1481 LAHORE-HIGH-COURT-LAHORE

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