| Case ID |
0a603327-a58c-45a4-ad1f-cb64451ab92b |
| Body |
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| Case Number |
Suit No.B-94 of 2001 and C.M.A. No.4652 of 2009 |
| Decision Date |
Sep 03, 2010 |
| Hearing Date |
Jun 04, 2010 |
| Decision |
The court found that the amendment of pleadings was necessary for determining the real questions in controversy between the parties. The Chartered Accountant's report indicated discrepancies in the accounts maintained by the plaintiff, and the court ruled that the defendants were entitled to amend their application for leave to defend to include these discrepancies. The court emphasized that amendments should be liberally allowed to avoid multiplicity of proceedings and ensure justice. The application for amendment was allowed, and the defendants were directed to file an amended leave to defend application within ten days. |
| Summary |
In the case between Habib Bank Ltd and Bela Automotives Ltd, the Sindh High Court addressed issues surrounding the Financial Institutions (Recovery of Finances) Ordinance, specifically focusing on the necessity for amending pleadings to resolve discrepancies identified in the Chartered Accountant's report. The court highlighted the importance of ensuring accurate financial records and allowing parties to present their full defenses. The decision underscores the court's commitment to fair trial principles and the need for transparency in financial dealings, particularly in banking disputes. This case serves as a significant reference for future banking litigation, emphasizing the importance of proper accounting practices and the rights of defendants to contest claims based on financial discrepancies. Legal practitioners should note the court's approach to amendments and its implications for ongoing and future cases in financial recovery. Keywords such as 'banking litigation', 'financial discrepancies', and 'legal amendments' are crucial in understanding the context and implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Habib Bank Ltd,
Bela Automotives Ltd
|
| Judges |
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Badar Alam,
Mansoorul Arfin
|
| Petitioners |
MESSRS HABIB BANK LTD
|
| Respondents |
7 OTHERS,
MESSRS BELA AUTOMOTIVES LTD.
|
| Citations |
2010 SLD 645,
2010 CLD 1243
|
| Other Citations |
PLD 1985 SC 345,
1989 CLC 2125,
2005 CLD 836,
PLD 1995 SC 406,
2003 CLD 1610,
Falah ul Momineen Trust v. V.P. Abdullah PLD 1970 Kar.179,
Muhammad Din v. Shaukat Ali 1980 CLC 1454,
Lal Muhammad v. Additional District Judge 1983 CLC 770,
Bihari Sahu and others v. Mt. Sudama Kuer and others AIR 1938 Patna 209,
Husain Naser v. Syed Shamim Yaqub 1989 CLC 2125,
Mst. Ghulam Bibi and others v. Sarsa Khan and others PLD 1985 SC 345,
Mst. Rahim Noor v. Mst. Salim Bibi and others PLD 1992 SC 30,
Mst. Mumtaz Begum and others v. Province of Sindh and others 2004 CLC 697,
Kuwait Flour Mills Co. v. M.V. Kashmir and another 1989 CLC 1459,
Industrial Development Bank of Pakistan v. Messrs Zamco (Pvt.) Limited and others 2005 CLD 836,
Agriculture Development Bank of Pakistan v. Mubarak Dairies Limited and others PLD 2008 SC 442,
Shahid Farooq Sheikh v. Allied Bank of Pakistan Limited 2005 CLD 1489,
Messrs Maroof Knitwear (Pvt.) Limited v. Allied Bank of Pakistan Limited 2003 CLD 1610,
Pakistan Fisheries Ltd. and others v. United Bank Ltd. PLD 1993 SC (Sic)
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
10
|