| Case ID |
257ca405-a47d-4c08-b92b-9522fc207b02 |
| Body |
View case body. Login to View |
| Case Number |
Special First Appeal No.55 of 2008 |
| Decision Date |
Nov 26, 2008 |
| Hearing Date |
|
| Decision |
The High Court set aside the impugned order of the Banking Court which had dismissed the appellants' applications for leave to defend and for condonation of delay. The Court ruled that the Banking Court failed to properly consider the service of summons and the applicants' claims of not having knowledge of the publication of notices. The leave to defend applications were deemed to be within the prescribed time limits, and the Banking Court was directed to decide the applications on their merits. The High Court emphasized the importance of fair opportunity for the parties involved and the necessity for the Banking Court to expedite the disposal of the suit. |
| Summary |
In the matter of Sindh High Court Special First Appeal No.55 of 2008, the court addressed key issues regarding the service of summons as per the Financial Institutions (Recovery of Finances) Ordinance, 2001. The appellants, AAMER ENTERPRISES (PVT.) LTD., contested the Banking Court's decision that dismissed their leave to defend applications. The appellants argued they were unaware of the summons served through publication in newspapers 'Jang' and 'Dawn' on 2-4-2008, claiming they only learned about the suit through a bailiff on 19-4-2008. The High Court held that the Banking Court had not adequately examined the service of summons and the limitation period for filing leave to defend applications. Consequently, it set aside the Banking Court's order, reinstating the appellants' right to defend and directing a timely resolution of the suit. This case highlights the significance of proper service of process and the rights of defendants to challenge claims against them effectively. |
| Court |
Sindh High Court
|
| Entities Involved |
UNITED BANK LIMITED,
AAMER ENTERPRISES (PVT.) LTD.
|
| Judges |
ANWAR ZAHEER, JAMALI, C.J.,
GHULAM DASTAGIR A. SHAHANI, J
|
| Lawyers |
Saalim Salam Ansari,
Ijaz Ahmed Shirazi
|
| Petitioners |
,
Messrs AAMER ENTERPRISES (PVT.) LTD.
|
| Respondents |
another,
Messrs UNITED BANK LIMITED
|
| Citations |
2009 SLD 1846,
2009 CLD 342
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
9,
10,
22
|