FIRST WOMEN BANK LIMITED vs HASCOL PETROLEUM LIMITED S — 2024 CLD 1391 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 CLD 1391 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: CLD
Parties: FIRST WOMEN BANK LIMITED vs HASCOL PETROLEUM LIMITED S
Subject matter: Criminal
Provisions referred to: S. 10---L; S. 5---S; S. 10; S. 5; Limitation Act (IX of 1908); Limitation 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

FIRST WOMEN BANK LIMITED VS HASCOL PETROLEUM LIMITED S.10---Limitation Act (IX of 1908), S. 5---Suit for recovery of finance---Leave to defend the suit, filing of---Limitation---Issuance of process on wrong address---Effect---Invalid Service---Appellant / Defendant sought condonation of delay in filing of application for leave to Defend on the plea of issue of process on wrong address---Validity---Service via registered post and courier directed to old, incorrect registered address instead of current registered office, constituted invalid service---Limitation period for filing application for leave to defend the suit had not commenced and application was filed within the prescribed timeframe---Calculating 30-day period for filing of leave to defend application from date of receiving notice through Court Bailiff on 24-7-2023, the application was well within the prescribed timeframe---Computing 30-day period for filing leave to defend application from date of newspaper publications i.e. 12-7-2023, there was delay of two days in filing the application on 15-8-2023---High Court condoned delay in terms of proviso to S. 10(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001---High Court treated application filed under S. 5 of Limitation Act, 1908 as application under S. 10(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 and allowed the same---As long as a court has jurisdiction to hear and decide an application or a case citing an incorrect legal provision does not impede its ability to exercise that authority---High Court allowed respondent/bank to file its replication if so required---Application was allowed accordingly.

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