The BANK OF PUNJAB vs HASCOL PETROLEUM LIMITED Ss — 2023 CLD 920 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLD 920 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLD
Parties: The BANK OF PUNJAB vs HASCOL PETROLEUM LIMITED Ss
Subject matter: Civil
Provisions referred to: S. 4---S; S. 9; S. 3; Books Evidence Act (XVIII of 1891); Book Evidence Act

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

The BANK OF PUNJAB VS HASCOL PETROLEUM LIMITED Ss. 3, 9 & 10---Bankers' Books Evidence Act (XVIII of 1891), S. 4---Suit for recovery of finances---Indoor management, doctrine of---Authority to file suit---Principle---Leave to defend the suit, refusal of---Effect---Suit for recovery of two finance facilities was filed by Bank against defendants---Validity---Statement of account was duly verified under Bankers' Book Evidence Act, 1891 and entries therein were not consciously and lawfully disputed by defendants---Authority of person filing plaint on the strength of Power of Attorney was the question of doctrine of indoor management, that was concerned with authorization and was never considered as substantial question of law---Authorization from Power of Attorney was recognized in terms of S. 9 of Financial Institutions (Recovery of Finances) Ordinance, 2001 and on account of principle of Indoor Management, it was only the principal who could object to it---Defendants neither denied execution of agreement nor challenged authority to execute agreement with them on behalf of plaintiff bank---This was not a question of law that could form substantial question out of the pleadings in consideration of law of Financial Institutions (Recovery of Finances) Ordinance, 2001 and execution of documents in particular---Defendants availed two facilities i.e. Letter of Credit and Running Facility---High Court declined to grant leave to defendants and suit was decreed along with cost of funds in terms of S. 3 of Financial Institutions (Recovery of Finances) Ordinance, 2001---Suit was decreed accordingly.

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