| Case ID |
16cbca41-824e-450a-9a87-7b4cc3084d41 |
| Body |
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| Case Number |
F.A.O. No.243 of 2003 |
| Decision Date |
Feb 23, 2005 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the appeal of The Bank of Punjab, affirming the Banking Court's decision which disallowed the application for restoration of execution proceedings. The court found that the absence of the decree holder and their counsel was not justified, as appearance before another court did not constitute a valid reason for non-appearance in the Banking Court. The application for restoration was dismissed for non-prosecution, and the High Court upheld this decision, indicating that the court had acted within its jurisdiction. The ruling emphasized the importance of ensuring representation in all relevant proceedings and the responsibility of legal representatives to make alternate arrangements if they have concurrent engagements. |
| Summary |
This case revolves around the dismissal of an execution application by the Banking Court due to the non-appearance of the decree holder and their counsel. The appellant, The Bank of Punjab, sought restoration of the execution proceedings, which had been dismissed for non-prosecution. The High Court addressed the issue of whether the counsel's appearance in another court constituted valid grounds for non-appearance in the Banking Court. The ruling highlighted the necessity for legal representation and the obligation of legal counsel to ensure their clients are adequately represented in all proceedings. The High Court ultimately supported the Banking Court's decision, reinforcing the principle that concurrent engagements do not excuse absence in other courts. This case serves as a crucial reference for legal practitioners regarding the importance of adequate representation and the management of court appearances. |
| Court |
Lahore High Court
|
| Entities Involved |
The Bank of Punjab,
S.A. Corporation
|
| Judges |
SYED ZAHID HUSSAIN,
SYED SAKHI HUSSAIN BOKHARI
|
| Lawyers |
Aqeel Malik,
Irfan Masood Sheikh
|
| Petitioners |
THE BANK OF PUNJAB through Branch Manager
|
| Respondents |
Messrs S.A. CORPORATION through Managing Partner and 2 others
|
| Citations |
2005 SLD 1620 = 2005 CLD 918
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)
|
| Sections |
19
|