| Case ID |
0c74a4f9-b6b0-46a9-b4f1-1c8b608a3594 |
| Body |
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| Case Number |
Regular First Appeal No.352 of 1997 |
| Decision Date |
Feb 09, 2000 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs as the evidence showed that the appellant had opened the account along with others and had executed the letter of guarantee. The denial of signatures on the letter of guarantee without prima facie proof was insufficient to grant leave to appear and defend the suit. The trial court was justified in its decision as the signatures were found to be identical, thus upholding the validity of the guarantee provided by the appellant. |
| Summary |
In this case, the Lahore High Court dealt with an appeal concerning the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance. The respondent bank had filed a suit for recovery of loans against the appellant, who denied having guaranteed the loan repayment, claiming her signature was forged. The court emphasized that mere denial of signatures, without providing prima facie proof of forgery, does not justify granting leave to defend the suit. The decision reinforced the importance of maintaining the integrity of banking transactions and the obligations of guarantors. This case is significant for its application of banking laws and the standards required for disputing signatures in financial agreements. |
| Court |
Lahore High Court
|
| Entities Involved |
UNION BANK LTD.,
M/s Khyber Carpets Limited
|
| Judges |
MALIK MUHAMMAD QAYYUM, JJ,
GHULAM MAHMOOD QURESHI, JJ
|
| Lawyers |
Danishwar Malik,
Malik M. Rashid Awan
|
| Petitioners |
GHAZALA ARIF
|
| Respondents |
UNION BANK LTD. (NOW EMIRATES BANK INTERNATIONAL), LAHORE
|
| Citations |
2000 SLD 1961 = 2000 CLC 1201
|
| Other Citations |
American Express Bank Ltd. v. Adamjee Industries Ltd. 1995 CLC 880
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Ordinance (XXV of 1997)
|
| Sections |
10,
21
|