| Case ID |
099d8d0a-8b1d-42da-ba5a-474b6b24b781 |
| Body |
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| Case Number |
First Appeal No.31 of 2006 |
| Decision Date |
Aug 09, 2006 |
| Hearing Date |
|
| Decision |
The appeal was allowed, and the order of the Banking Court was set aside. The suit filed by the plaintiff-Bank was deemed to be well within the limitation period as per section 19 of the Limitation Act, 1908. The acknowledgment of liability made by the respondent's counsel was considered valid and timely. The Banking Court's dismissal of the suit on the ground of limitation was found to be erroneous. The court decreed the suit in favor of the plaintiff-Bank for the amount of Rs.84,730.90 along with agreed interest from the date of the suit until realization. |
| Summary |
In the case of MUSLIM COMMERCIAL BANK LIMITED vs. MOHSIN BAIG, the Sindh High Court addressed the issue of limitations in the context of financial recovery. The Banking Court had dismissed the suit filed by the plaintiff-Bank on the grounds of limitation. However, the High Court found that the acknowledgment of liability made by the defendant's counsel was within the prescribed time frame, thus allowing the appeal. This case emphasizes the importance of understanding the implications of written acknowledgments under the Limitation Act, 1908, particularly in financial disputes. The decision highlights the significance of timely responses in legal proceedings and the need for careful examination of acknowledgment documentation. The court's ruling reinstated the suit, granting the plaintiff-Bank the right to recover the stated amount, reinforcing the legal principle that proper acknowledgment can reset the limitation period. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUSHIR ALAM,
MUNEEB AHMED KHAN
|
| Lawyers |
Muhammad Zubair Qureshi for Appellant,
Nemo for Respondent
|
| Petitioners |
MUSLIM COMMERCIAL BANK LIMITED
|
| Respondents |
MOHSIN BAIG
|
| Citations |
2006 SLD 2963,
2006 CLD 1540
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Limitation Act, 1908
|
| Sections |
9,
10,
22,
19
|