MUHAMMAD MUSA vs NATIONAL BANK OF PAKISTAN Ss — 2024 CLD 751 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 CLD 751 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: CLD
Parties: MUHAMMAD MUSA vs NATIONAL BANK OF PAKISTAN Ss
Subject matter: Criminal
Provisions referred to: S. 9

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 MUSA VS NATIONAL BANK OF PAKISTAN Ss. 9 & 22---Suit for recovery of finance---Process, non-service of---Effect---Appellant / borrower assailed judgment and decree passed by Banking Court on the plea that no process was ever served upon him---Validity---Report of bailiff and courier service regarding service upon appellant / borrower was silent---It was the prime duty of Banking Court to ascertain as to whether service of summons was duly served upon appellant / borrower or not---Report of bailiff and courier service acknowledgement were not available on record---Provision of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001 was not complied with in letter and spirit and appellant / borrower was condemned unheard---High Court set aside judgment and decree passed against appellant / borrower and matter was remanded to Banking Court for trial afresh---High Court directed Banking Court to provide opportunity to appellant/borrower to file leave to defend application---Appeal was allowed accordingly.

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