MCB BANK LIMITED vs UZMA TEHREEM — 2026 SCMR 533 SUPREME-COURT

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MCB BANK LIMITED VS UZMA TEHREEM. Section 22(1)---Financial Institutions (Recovery of Finances) Ordinance, 2001---Appeal, filing of---Limitation---Office objection by appellate Court not complied with---Effect. The respondents/customers filed an appeal against the judgment and decree passed by the Single Bench of the High Court without affixing the requisite court fee on the memorandum of appeal. The relevant office objection proforma of the appellate/High Court specifically mentioned that the office objections were required to be removed and complied with within three days subject to limitation. It was very much within the knowledge of the respondents/customers and their counsel that the appeal was incomplete due to non-affixation of the requisite court fee. However, neither the requisite court fee was filed within three days of the office objection nor any application was filed before the Court seeking extension of time for affixing the requisite court fee on the memorandum of appeal. The appeal was re-filed by the respondents/customers with requisite court fee after delay of 173 days, whereas under subsection (1) of Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, the appeal was required to be filed within thirty days. The same was also not accompanied by any application for condonation of delay in filing the appeal. The conduct of the 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 barred by time. The appellate/High Court, by accepting the appeal after holding the same as not barred by time and granting leave to defend, erred in facts as well as law. The Supreme Court set aside the 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 the bank was allowed.

MCB BANK LIMITED vs UZMA TEHREEM — 2026 SCMR 533 SUPREME-COURT

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