FAROOQUI FISHERIES vs FAYSAL BANK LIMITED Judgment per incuriam — 2024 CLD 1199 KARACHI-HIGH-COURT-SINDH

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FAROOQUI FISHERIES VS FAYSAL BANK LIMITED Judgment per incuriam---Principle---Doctrine of per incuriam refers to a judgment of Court which has been decided without reference to, or in ignorance of a statute or an earlier judgment/precedent and/or overall dress up of the scheme of law, which could have been relevant and therefore such ignorance has affected the result of the case---Some of the factors to be considered while contending that a decision is not a binding precedent and should not be followed or be ignored on such principles are summarized hereunder but are not limited: Citation Name: 2024 CLD 1199 KARACHI-HIGH-COURT-SINDH FAROOQUI FISHERIES VS FAYSAL BANK LIMITED S. 22---Civil Procedure Code (V of 1908), S. 2---appeal---Term "Judgement"---Scope---Term "judgment" only refers to judgment of Banking Court in exercise of criminal jurisdiction---In case of civil jurisdiction appeal is actually against a decree---Court cannot render any word of S. 22(1) of Financial Institutions (Recovery of Finances) Ordinance, 2001 as redundant nor can it read any word or procedure into it---Such reading also aligns with the definition of "judgment" or "decree" as given in Civil Procedure Code, 1908. Citation Name: 2024 CLD 1199 KARACHI-HIGH-COURT-SINDH FAROOQUI FISHERIES VS FAYSAL BANK LIMITED S.22---appeal---Limitation---Delay caused in drawing decree sheet---Effect---appellants / borrowers filed appeal after receiving copy of decree which was prepared with delay---Plea raised by respondent / bank was that appeal was not maintainable as the same was beyond period of limitation---Validity---In civil jurisdiction appeal could be filed after passing of judgment but the process was completed only after filing of decree within limitation---Only on the basis of judgment, civil appeal was not maintainable under Financial Institutions (Recovery of Finances) Ordinance, 2001---If appeal was preferred against judgment only for any urgent cause, it was to be followed by a decree to be placed and time consumed to obtain decree was to be excluded as limitation would run from the date of drawing decree---appeal was maintainable in circumstances. Citation Name: 2024 CLD 1199 KARACHI-HIGH-COURT-SINDH FAROOQUI FISHERIES VS FAYSAL BANK LIMITED Ss. 9 & 22---Suit for recovery of finance---Availing of finance facility---Statement of account, no objection to---Suit filed by respondent / bank for recovery of outstanding finance facility was decreed against appellants / borrowers by Judge in Chambers of High Court in exercise of Banking jurisdiction---Validity---Appellants / borrowers failed to prove that they did not utilize Term Finance Facility---Partial denial of availing Term Finance Facility in terms of leave application/affidavit-in-evidence was immaterial when in cross-examination witness admitted to have availed two finance facilities i.e. Running Finance Facilities and Term Finance Facilities which were sanctioned in their favour---Out of Term Finance Facility sanctioned for Rs. 18 million, a sum of Rs.4 million was paid to another bank for release of property documents---Property documents, after its release, were then mortgaged with respondent / bank for outstanding amounts, which amounts were disclosed in statement of account and were not subjected to any challenge---Surrender of respondent / bank to settle outstanding amount of Rs.30 million by way of 24 monthly installments also superseded unreliable statement made in leave to defend application as well as in affidavit-in-evidence---Division Bench of High Court declined to interfere in judgment and decree passed by Banking Court---Appeal was dismissed in circumstances. Citation Name: 2024 CLD 1199 KARACHI-HIGH-COURT-SINDH FAROOQUI FISHERIES VS FAYSAL BANK LIMITED Provision or word used in any statute cannot be rendered redundant.

FAROOQUI FISHERIES vs FAYSAL BANK LIMITED Judgment per incuriam — 2024 CLD 1199 KARACHI-HIGH-COURT-SINDH

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