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Haji MEHDI HASSAN AND SONS vs ALLIED BANK LIMITED S — 2024 CLD 137 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLD 137 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLD
Parties
Haji MEHDI HASSAN AND SONS vs ALLIED BANK LIMITED S
Subject matter
Criminal
Provisions referred to
S. 4---F; S. 4; Books 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

Haji MEHDI HASSAN AND SONS VS ALLIED BANK LIMITED S. 4---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 9 & 10---Suit for recovery---Grant of leave, refusal of---Documents relied by the Bank---General allegations asserted by the customer---Application for grant of leave filed by the customer/ appellants was rejected by the Banking Court---Validity---Record revealed that claim of the respondent/Bank was supported by as many as six documents having been annexed with the plaint, among which the statement of accounts was certified the within the meaning of S. 4 of the Bankers' Books Evidence Act, 1891, therefore, there was no doubt in its authenticity and validity---Appellant/customer disputed the veracity of annexed documents through leave application without any documentary proof, thus, it did not constitute a plausible defense---Appellants failed to present any substantial question of fact or law, which needed to be tried or investigated into---Appellants did not append any proof regarding alleged repayment which were suppressed by the respondent/Bank---In banking suits, the parties had no option to make general allegation/assertions, especially in respect of amounts but must be absolute and specific in said regard---Appellants were rightly held disentitled for grant of leave---No illegality or infirmity was noticed in the impugned judgment and decree passed by the Banking Court---Appeal filed by the customer was dismissed, in circumstances.

Other judgments reported in 2024 CLD

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