| Case ID |
0ff29b56-46e1-407a-bebe-3cd37e7a596e |
| Body |
View case body. Login to View |
| Case Number |
R.F.A. No. 961 of 2013 |
| Decision Date |
Dec 08, 2016 |
| Hearing Date |
Dec 08, 2016 |
| Decision |
The appeal was allowed, and the impugned judgment and decree dated 20.05.2013 passed by Judge Banking Court-IV, Lahore, was set aside. The case was remanded to the Banking Court with directions to grant one more opportunity to the defendants to produce their evidence. The court found that the Banking Court had committed legal errors by closing the defendants' right to produce evidence without adequately providing opportunities for them to do so, thereby violating their rights to a fair hearing. The decision emphasized the importance of granting multiple opportunities for evidence presentation in accordance with established legal principles. |
| Summary |
In the case of R.F.A. No. 961 of 2013, the Lahore High Court addressed a dispute regarding the recovery of finances by NIB Bank against Ijaz Nizam Textile Mills. The case revolved around the application of the Civil Procedure Code and the Financial Institutions Ordinance. The court highlighted the importance of providing adequate opportunities for defendants to present their evidence before a decision is made. The appeal was allowed after the court found that the Banking Court had acted in haste by closing the right of the defendants to produce their evidence, thus infringing on their rights under the law. This case underscores key principles of procedural fairness and the necessity of adhering to legal standards in financial recovery cases. Keywords include 'financial recovery', 'legal rights', 'evidence presentation', and 'procedural fairness'. |
| Court |
Lahore High Court
|
| Entities Involved |
NIB Bank,
Ijaz Nizam Textile Mills
|
| Judges |
SHAHID KARIM,
JAWAD HASSAN
|
| Lawyers |
Muhammad Younas Chaudhry,
Kashif Mukhtar
|
| Petitioners |
IJAZ NIZAM
|
| Respondents |
NIB BANK AND OTHERS
|
| Citations |
2017 SLD 662,
2017 CLD 361
|
| Other Citations |
Sheikh Khurshid Mehboob Alam v. Mirza Hashim Baig 2012 SCMR 361,
Zahoor Ahmed v. Mehra 1999 SCMR 105,
Muhammad Arshad Muhammad v. Jahanzeb Khan 2008 SCMR 1335,
Ally Brothers and Company v. Federation of Pakistan 2009 YLR 982,
Momin Mansib Bokhari v. Habib Bank Limited 2005 CLD 923,
Lyallpur Cotton Mills v. Authority under Payment of Wages Act, Faisalabad 1985 PLC 563
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
O.XVII,R.3,
9,
10(11)
|