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MUHAMMAD BILAL vs DUBAI ISLAMIC BANK LIMITED Ss — 2024 CLD 623 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLD 623 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLD
Parties
MUHAMMAD BILAL vs DUBAI ISLAMIC BANK LIMITED Ss
Subject matter
Civil

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

MUHAMMAD BILAL VS DUBAI ISLAMIC BANK LIMITED Ss. 9 & 22---Suit for recovery of finance---Finance agreement---Terms and conditions, challenge to---Appellant / defendant was aggrieved of judgment and decree passed by Trial Court in favour of respondent / bank---Validity---After consuming amount, appellant / defendant came forward challenging KIBOR on the terms of which the finance facility was consciously availed, utilized and then defaults were made and recovery suit was filed---Appellant / defendant failed to point out that KIBOR was not applicable in terms of some circular of State Bank of Pakistan---Neither, when leave application was filed and granted nor at any stage of suit proceeding, nor when present appeal was filed, such circular of State Bank of Pakistan was presented to the Court---KIBOR was part of the agreed terms when loan was structured and financed and hence appellant / defendant could not blow hot and cold after utilization of amount---Cheques which bounced could not be adjusted in the execution proceedings and only the amount that was paid after decree was duly adjusted---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed, in circumstances.

Other judgments reported in 2024 CLD

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