MAKKAH TRADERS through Managing Partner vs MCB BANK LIMITED Ss — 2023 CLD 307 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 307 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: MAKKAH TRADERS through Managing Partner vs MCB BANK LIMITED Ss
Subject matter: Civil
Provisions referred to: S. 12

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

MAKKAH TRADERS through Managing Partner VS MCB BANK LIMITED Ss. 9(5), 10(1), 12 & 22---Suit for recovery of Bank loan---Ex-parte decree, maintenance of---Absence from proceedings---Appellants/ defendants during pendency of their petition for leave to appear and defend the suit, absented themselves and were proceeded ex-parte---Banking Court declined to set aside ex-parte judgment and decree under S. 12 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Validity---Decree could only be set aside under S. 12 of Financial Institutions (Recovery of Finances) Ordinance, 2001, if it was passed for failure to file petition for leave to appear and defend the suit---Such application could be filed within a period of 21 days of the date of decree or where summons were not duly served, when defendant had knowledge of decree---High Court declined to set aside ex-parte judgment and decree as application under S. 12 Financial Institutions (Recovery of Finances) Ordinance, 2001, was not maintainable---Appeal was dismissed in circumstances.

Other judgments reported in 2023 CLD

2023 CLD 393 LAHORE-HIGH-COURT-LAHORESTATE LIFE INSURANCE CORPORATION OF PAKISTAN VS SURRIYA ASGHAR S. 118---Civil Procedure Code (V of 1908), O. XIV, R. 1---Payment of liquidat…
2023 CLD 1184 SUPREME-COURTQazi HUMAYUN VS Mst. SABIHA QAYUM all objections regarding liability and its discharge come to a close after the lapse of the limitation per…
2023 CLD 1184 SUPREME-COURTQazi HUMAYUN VS Mst. SABIHA QAYUM Notice---Party residing outside Pakistan---Under the law service by publication is good service even in re…
2023 CLD 466 SUPREME-COURTSAIF POWER LIMITED VS FEDERATION OF PAKISTAN through Secretary Ministry of Law, Civil Secretariat Islamabad Ss. 231, 263 & 265---Security an…
2023 CLD 297 SUPREME-COURTSUMMIT BANK LIMITED, LAHORE VS M. M. BROTHERS, PROPRIETORSHIP CONCERN O. XXI, Rr. 66 & 67(2)---Proclamation of sales by public auction---Com…
2023 CLD 297 SUPREME-COURTSUMMIT BANK LIMITED, LAHORE VS M. M. BROTHERS, PROPRIETORSHIP CONCERN O. XXI, Rr. 64, 65, 66, 67 & 90---Proclamation of sales by public auct…

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