MEEZAN BANK LIMITED vs Syed HASSAN MEHMOOD SHAH Ss — 2023 CLD 324 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 324 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: MEEZAN BANK LIMITED vs Syed HASSAN MEHMOOD SHAH 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

MEEZAN BANK LIMITED VS Syed HASSAN MEHMOOD SHAH Ss. 9, 10 & 22---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Leave to defend the suit, non-decision of---Recovery of possession of leased vehicle---appellant/Bank took over possession of vehicle leased to respondent/plaintiff---Banking Court without deciding application for leave to defend the suit passed decree in favour of respondent/plaintiff---Validity---Banking Court was obliged under S. 10(8)(9)(10) & (11) of Financial Institutions (Recovery of Finances) Ordinance, 2001 to consider application for leave to defend and to accept or reject the same keeping in view of any question of law and facts requiring evidence was raised therein as well as if conditions given in S. 10(3)(4) and (5) of Financial Institutions (Recovery of Finances) Ordinance, 2001 were fulfilled---Banking Court was required by law to examine application for leave to defend before proceeding to decide the suit---High Court set aside judgment and decree and remanded the matter to Banking Court to decide application for leave to defend the suit afresh--- appeal was allowed accordingly.

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