| Case ID |
0afe7ff8-6cc7-447f-93b9-1cd993dbb7dc |
| Body |
View case body. Login to View |
| Case Number |
R.F.A. No.404 of 2002 |
| Decision Date |
Feb 08, 2005 |
| Hearing Date |
Feb 08, 2005 |
| Decision |
The Lahore High Court dismissed the appeal filed by the appellants against the Banking Court's decision. The appellants had taken a loan from the respondent bank but failed to provide sufficient evidence to support their claims of suppression of material facts and other defenses. The Banking Court had established that the amount claimed by the bank was payable as the execution of the finance agreement was not denied. The appeal was deemed to have no merit, and the original ruling for the recovery of Rs.58,46,824.10 in favor of the bank was upheld. |
| Summary |
In the case of R.F.A. No.404 of 2002 heard by the Lahore High Court, the court examined the appeal against a Banking Court's decree for the recovery of a loan amounting to Rs.58,46,824.10. The appellants contended that the bank had not come to court with clean hands and had suppressed material facts regarding the loan agreement and its execution. The court found that the appellants failed to provide evidence supporting their claims, and the bank's documentation was valid. The judges noted that the bank's manager was authorized to sign the plaint and that the execution of the finance agreement was not contested. The appeal was dismissed due to a lack of substantial questions of law or fact raised by the appellants. This case highlights the importance of clear documentation in financial agreements and the responsibilities of borrowers in proving their claims in court. |
| Court |
Lahore High Court
|
| Entities Involved |
MUSLIM COMMERCIAL BANK LTD.,
Messrs NEW QURESHI AGRO TRADERS
|
| Judges |
MAULVI ANWARUL HAQ,
MUHAMMAD NAWAZ BHATTI
|
| Lawyers |
Ch. Muhammad Manzoor ul Haq for Appellants,
Khushbakht Khan for Respondent
|
| Petitioners |
Messrs NEW QURESHI AGRO TRADERS through Managing Partner and 2 others
|
| Respondents |
MUSLIM COMMERCIAL BANK LTD.
|
| Citations |
2005 SLD 1618,
2005 CLD 904
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
10,
22
|