| Case ID |
36d0dc98-9b57-48bf-97f7-77af502d5309 |
| Body |
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| Case Number |
F.A.B. No.31 of 2000 |
| Decision Date |
Jun 14, 2001 |
| Hearing Date |
|
| Decision |
The appeal filed by Mst. Anwar Begum was dismissed. The court found that the appellant had failed to demonstrate a valid defense against the claims of the Allied Bank of Pakistan Limited. The court emphasized that the grant of leave to appear and defend is not a matter of routine and requires the defendant to show a plausible cause and a bona fide dispute. The appellant's assertions of fraud and lack of involvement were deemed insufficient given the documented evidence of her participation in the loan agreement and mortgage. Consequently, the discretion exercised by the trial court in refusing leave to defend the suit was upheld, and the decision of the trial court was affirmed. |
| Summary |
In the case of Mst. Anwar Begum vs. Allied Bank of Pakistan Limited, the Peshawar High Court addressed the appeal concerning the refusal of leave to appear and defend a suit for loan recovery. The appellant contested the judgment of the Banking Court, arguing that she was misled and that her consent was obtained under fraudulent circumstances. However, the court found that the appellant had indeed executed all necessary agreements and documents for the loan, which amounted to Rs. 76,26,504. The court reinforced the principle that the burden lies on the defendant to establish a credible defense when seeking to contest a suit. The ruling emphasized that mere allegations of fraud, without substantial evidence, do not suffice to warrant a trial. This case underscores the importance of maintaining transparency and integrity in banking transactions and the legal obligations of parties involved in loan agreements. |
| Court |
Peshawar High Court
|
| Entities Involved |
ALLIED BANK OF PAKISTAN LIMITED,
Trade Liners International,
Mst. ANWAR BEGUM
|
| Judges |
NASIRUL MULK,
IJAZ UL HASSAN
|
| Lawyers |
Muhammad Iqbal,
Abdur Rehman Qadir
|
| Petitioners |
Mst. ANWAR BEGUM
|
| Respondents |
3 others,
ALLIED BANK OF PAKISTAN LIMITED
|
| Citations |
2002 SLD 2118,
2002 CLD 381
|
| Other Citations |
Pan Ocean Enterprises (Pvt.) Limited and 4 others v. Faysal Islamic Bank of Bahrain and others 1996 MLD 816,
Messrs United Bank Limited v. Flora Textiles Limited and 6 others PLD 1996 Lah. 333,
Hazoor Bakhsh v. Ghulam Farid 1996 MLD 704,
Messrs Ali Match Industries Limited and 3 others v. Industrial Development Bank of Pakistan 1997 SCMR 943,
Sheikh Gulzar Ali & Company Limited and others v. Special Judge, Special Court of Banking and another 1991 SCMR 590,
United Bank Limited v. Muhammad Sharfuddin 2000 MLD 456
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997)
|
| Sections |
9,
10
|