| Case ID |
230922dc-1a85-4357-a2cf-5eede1c7e05d |
| Body |
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| Case Number |
B-226 of 2000 |
| Decision Date |
Oct 24, 2003 |
| Hearing Date |
Oct 24, 2002 |
| Decision |
The Sindh High Court allowed the application for leave to defend unconditionally for Defendant No. 3, who claimed that he had not executed the relevant documents and that they were fraudulently managed by the plaintiff bank in collusion with other defendants. The court found that the defendant had made a plausible case for his defense and noted that he would not sell or encumber the alleged mortgaged land until the final decision of the suit. The decision emphasized the importance of the documents and the legitimacy of the claims made by the defendant regarding the fraudulent actions of the bank. |
| Summary |
In the case of National Bank of Pakistan vs. Messrs Shoaib Corporation and Others before the Sindh High Court, the court addressed issues surrounding the recovery of loan amounts under the Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) and the Contract Act (IX of 1872). The core of the case revolved around the application for leave to defend put forth by Defendant No. 3, who contended that the documents associated with the loan had been executed under fraudulent circumstances. The court examined the claims that the bank had colluded with the borrower to mismanage the General Power of Attorney and related documents. This case highlights significant legal principles concerning surety and the liability of guarantors, especially in the context of alleged fraudulent actions. The court's decision to allow the defense reinforces the protection afforded to parties against unjust claims through the legal frameworks established by the relevant ordinances and acts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER JAMALI
|
| Lawyers |
Zubair Qureshi,
Muhammad Shafi Siddiqui
|
| Petitioners |
NATIONAL BANK OF PAKISTAN
|
| Respondents |
MESSRS SHOAIB CORPORATION AND OTHERS
|
| Citations |
2004 SLD 580,
2004 CLD 631
|
| Other Citations |
PLD 1986 SC 83,
PLD 1966 Lah. 1,
PLD 1984 Kar. 211,
2000 CLC 819,
AIR 1967 SC 1105,
AIR 1944 Lah. 482,
AIR 1938 Mad. 422,
2002 SCMR 14,19
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001),
Contract Act (IX of 1872)
|
| Sections |
10,
133,
139,
141
|