UZMA TAHRIM vs HABIB BANK LIMITED Ss — 2023 CLD 404 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLD 404 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLD
Parties: UZMA TAHRIM vs HABIB BANK LIMITED Ss
Subject matter: Civil
Provisions referred to: S. 11

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

UZMA TAHRIM VS HABIB BANK LIMITED Ss. 9 & 11(1)---Suit for recovery of money---Interim decree---Phrase "while granting leave to defend"---Scope---Plaintiffs/customers sought passing of interim decree on the basis of facts admitted by defendant/bank---Contention of defendant/Bank was that before grant of leave to defend the suit, interim decree could not be passed---Validity---Words "while granting leave to defend" employed in S. 11(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001, did not bar or imply that such decree could not be passed before leave to defend was granted, especially when admitted amount was payable by defendant/Bank to plaintiff/customer regardless of the fact whether leave to defend was granted or refused---High Court directed defendant/Bank to return admitted amounts to plaintiffs / customers and interim decree was passed---Application was allowed accordingly.

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