MCB BANK LIMITED vs UZMA TEHREEM — 2026 CLD 493 SUPREME-COURT

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MCB BANK LIMITED VS UZMA TEHREEM. S. 22(1)---Appeal, filing of---Limitation---Office objection by appellate Court not complied with---Effect---Record reveals that respondents/customers filed appeal against the judgment and decree passed by the Single Bench of High Court without affixing the requisite court fee on the memo of appeal---Relevant office objection proforma of appellate/High Court specifically mentioned that the office objections have to be removed (complied with) within three days subject to limitation---It was very much in the knowledge of respondents/customers and their counsel that the appeal was incomplete due to non-affixation of the requisite court fee---Neither the requisite court fee was filed within three days of the office objection nor any application was filed before the court for extending time to affix the requisite court fee on the memo of appeal---The appeal was re-filed by respondents/customers with requisite court fee after a delay of 173 days whereas under subsection (1) of Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 ('the Ordinance, 2001'), it was to be filed within thirty days; the same was not accompanied with any application for condonation of delay in filing the appeal---Thus, the conduct of respondents/customers was contumacious---If the objections raised by the office are not removed during the period allowed by the office and in the meanwhile the limitation period expires and the conduct of the appellant is considered to be contumacious, the appeal has to be rejected being time barred---Thus, the appellate/High Court by accepting appeal after holding the same as not barred by time and granting leave to defend erred in facts as well as law---Supreme Court set-aside impugned judgment and decree passed by the High Court in favour of respondents/customers, being barred by time and having no merits---Appeal, filed by bank, was allowed.

MCB BANK LIMITED vs UZMA TEHREEM — 2026 CLD 493 SUPREME-COURT

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