| Case ID |
00085f22-b002-41be-8a38-114ad75d9e1f |
| Body |
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| Case Number |
Writ Petition No.5864 of 2013 |
| Decision Date |
Apr 29, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by the Bank of Punjab, which challenged the order granting unconditional leave to the respondents to defend a suit for recovery of bank loan. The Court held that the constitutional petition was maintainable only in exceptional circumstances where blatant illegality in the Banking Court's order could be demonstrated. The High Court found no such illegality and noted that granting leave merely allowed the respondents to present their case without prejudicing the bank's rights. The Court reiterated that the bank did not have an open and shut case and would need to prove its claim through evidence. The petition was dismissed as the Court did not find any merit in the arguments presented by the petitioner. |
| Summary |
This case involves a writ petition filed by the Bank of Punjab against the unconditional leave granted to International Ceramics Ltd. by the Banking Court to defend a suit for recovery of a bank loan. The Lahore High Court, presided over by Justices Ayesha A. Malik and Abid Aziz Sheikh, ruled that the constitutional petition was not maintainable as there was no blatant illegality demonstrated in the Banking Court's order. The Court emphasized that the granting of leave does not prejudice the rights of the petitioner and simply provides the respondent an opportunity to present their defense. The decision is significant in understanding the scope of judicial review in financial recovery cases and the limitations imposed by the Financial Institutions (Recovery of Finances) Ordinance, 2001. The ruling highlights the necessity for banks to substantiate their claims with adequate evidence, reinforcing the principle that a mere allegation does not suffice for a decree. The case cites several precedents that establish the framework for determining the maintainability of constitutional petitions in financial matters, making it a crucial reference for legal practitioners in similar disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MRS. AYESHA A. MALIK,
ABID AZIZ SHEIKH
|
| Lawyers |
Muhammad Ahmad Pansota
|
| Petitioners |
BANK OF PUNJAB
|
| Respondents |
others,
INTERNATIONAL CERAMICS LTD.
|
| Citations |
2013 SLD 2131,
2013 CLD 1472
|
| Other Citations |
2007 CLD 69,
2012 CLD 1556,
2011 CLD 931,
2004 CLD 1084,
2012 CLD 1858,
2011 CLD 1571
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Constitution of Pakistan
|
| Sections |
9,
10,
22,
199
|