| Case ID |
21535840-bf1f-45d8-b02f-48594f2b5870 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No.2590 L of 20 |
| Decision Date |
Nov 23, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the lower courts' decisions. The court ruled that the service of notice through publication in a newspaper was valid and that the period of limitation should start from that date. The petitioners' arguments regarding the computation of the limitation period were rejected, as the service modes provided under the Banking Companies Act were deemed valid. The court found no illegality in the judgments of the Banking Court and the High Court, leading to the refusal of leave to appeal. |
| Summary |
In the case of Messrs SIMNWA POLYPROPYLENE (PVT.) LTD vs. Messrs NATIONAL BANK OF PAKISTAN, the Supreme Court of Pakistan addressed key issues surrounding the service of notice and the computation of the limitation period under the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act, 1997. The petitioners contended that the service through the bailiff should be considered valid for computing the limitation period, while the court upheld that service via publication in the newspaper was sufficient. The decision emphasized the importance of adhering to the prescribed modes of service in legal proceedings, reinforcing the validity of such service as outlined in the relevant legislation. This case highlights critical aspects of banking law and the procedural requirements for defending against loan recovery suits, making it a significant reference for similar legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUNIR A. SHEIKH,
MIAN MUHAMMAD AJMAL
|
| Lawyers |
M. Abbas Mirza, Advocate Supreme Court,
Ali Ahmad Awan, Advocate Supreme Court
|
| Petitioners |
Messrs SIMNWA POLYPROPYLENE (PVT.) LTD
|
| Respondents |
Messrs NATIONAL BANK OF PAKISTAN
|
| Citations |
2002 SLD 2266,
2002 CLD 1510
|
| Other Citations |
1999 SCMR 2353,
PLD 1990 SC 497
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997),
Constitution of Pakistan (1973)
|
| Sections |
9,
185(3)
|