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Citation Name: 2024 CLD 925 PESHAWAR-HIGH-COURTBookmark this Case NATIONAL BANK OF PAKISTAN vs PREMIER SUGAR MILLS AND DISTILLERY COMPANY, MARDAN Ss — 2024 CLD 925 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLD 925 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLD
Parties
Citation Name: 2024 CLD 925 PESHAWAR-HIGH-COURTBookmark this Case NATIONAL BANK OF PAKISTAN vs PREMIER SUGAR MILLS AND DISTILLERY COMPANY, MARDAN Ss
Subject matter
Civil
Provisions referred to
S. 47; Civil Procedure Code (V of 1908)

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

Citation Name: 2024 CLD 925 PESHAWAR-HIGH-COURTBookmark this Case NATIONAL BANK OF PAKISTAN VS PREMIER SUGAR MILLS AND DISTILLERY COMPANY, MARDAN Ss.2 (c) & 9---Civil Procedure Code (V of 1908), S. 47 & O.XXI, R.23a---Execution proceedings---Money decree---Objection to jurisdiction of Trial Court---Customer and banker---Scope---Decretal amount, non-deposit of---Effect---Respondent / decree holder due to some dispute with appellant / judgment debtor bank filed suit before Civil Court---During execution proceedings, appellant / judgment debtor bank without deposit of decretal amount filed objection petition to maintainability of suit before Civil Court instead of Banking Court---Objection filed by appellant / judgment debtor bank was dismissed by Executing Court---Validity---Respondent / decree holder being the investor in appellant / judgment debtor bank by way of purchase of Term Deposit Certificates, could not be termed as a person to whom finance had been extended by financial institution---Respondent / decree holder was also not a person on whose behalf appellant / judgment debtor bank issued any guarantee or letter of credit---Respondent / decree holder did not fall in the definition of customer and therefore he could not have knocked at the door of Banking Court---High Court declined to interfere in dismissal of objection petition as it was ill-conceived, and requisite decretal amount was also not deposited---although a surety bond had subsequently been submitted in pursuance to an order passed by High Court but at the time of passing order in question neither the amount had been deposited nor surety bond was executed and on such score objection petition was also not maintainable---High Court declined to interfere in the order passed by Executing Court as there was no illegality or material irregularity---appeal was dismissed, in circumstances.

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