| Case ID |
39ac8521-e1b4-4efd-8320-237d0c27d762 |
| Body |
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| Case Number |
Writ Petition NoA1383 of 1994 |
| Decision Date |
Oct 17, 2001 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the constitutional petition and set aside the impugned order of the Banking Court regarding the dismissal of the application for non-prosecution due to the failure to deposit process fees. The court highlighted that the dismissal was based on highly technical grounds and emphasized that cases should be decided on merits rather than technicalities. The court directed the Banking Court to decide the petitioners' application in accordance with the law after providing proper hearing to the parties. The ruling reinforced the principle that the judicial discretion should be exercised sparingly and that the presence of a bank representative during the proceedings indicated that proper notice had been served. |
| Summary |
In the case of Writ Petition NoA1383 of 1994, the Lahore High Court addressed a significant issue regarding the dismissal of a petitioner's application under the Banking Companies (Recovery of Loans) Ordinance. The petitioners had secured a loan from the National Bank of Pakistan but failed to honor their repayment commitments, leading to the bank filing a recovery suit. The Banking Court dismissed the petitioners' application for non-prosecution due to their failure to deposit a process fee, despite the petitioners showing bona fides by depositing a substantial amount towards their liability. The High Court found this dismissal to be overly technical and emphasized that judicial proceedings must prioritize substantive justice over procedural technicalities. The court's decision to set aside the Banking Court's order serves as a reminder of the importance of fair judicial processes, particularly in financial disputes involving banking institutions. This case underscores the necessity for courts to ensure that justice is served based on the merits of the case rather than rigid adherence to procedural rules. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD, J
|
| Lawyers |
Ch. Muzammal Khan for Petitioners,
Tariq Nawaz Bhatti for Respondents
|
| Petitioners |
2 others,
TANVEER AKHTAR
|
| Respondents |
and another,
NATIONAL BANK OF PAKISTAN,
SHAKARGARH
|
| Citations |
2002 SLD 2088,
2002 CLD 264
|
| Other Citations |
Messrs Hoechst Pak Limited v. Messrs Ch. Agriculture Traders 1993 CLC 1892,
Shamroz Khan and others v. Muhammad Amin and others PLD 1978 SC 89,
Rehmat Ali v. Fazal Hussain and 8 others 1990 CLC 761,
Crescent Sugar Mills and Distillery Limited v. Central Board of Revenue and others PLD 1982 Lah. 1,
Yousaf Ali v. Muhammad Aslam Zia and others PLD 1958 SC (Pak.) 104,
Manager, Jammu and Kashmir State Property v. Khuda Yar and another PLD 1975 SC 678,
Said Muhammad and others v. M. Safdar and others PLD 1989 SC 532
|
| Laws Involved |
Banking Companies (Recovery of Loans) Ordinance (XIX of 1979),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
6,
O.IX, R.2,
O.XVII, R.3,
O.XXI, R.83,
Art. 199
|