| Case ID |
3ca45cde-1ef0-4916-9a6d-43963d6c4862 |
| Body |
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| Case Number |
High Court Appeal No. (s) 01 of 2017 |
| Decision Date |
Nov 26, 2020 |
| Hearing Date |
Oct 29, 2020 |
| Decision |
The appeal was dismissed as the application for leave to defend was filed after the statutory period of thirty days from valid service. The court found that the respondent bank had complied with all legal requirements in filing the suit, and the appellant had failed to present any valid defense within the required timeframe. Therefore, the trial court's decree in favor of the respondent bank was upheld, confirming the judgment that the appellant owed a substantial financial liability. |
| Summary |
In the case between Messrs Dili Jan Oil Mill and the National Bank of Pakistan, the Balochistan High Court addressed significant issues regarding the Financial Institutions (Recovery of Finances) Ordinance, 2001. The case revolved around the recovery of a loan amounting to Rs. 74,52,792/- that the appellant, Dili Jan Oil Mill, failed to repay. The court highlighted the importance of adhering to the procedural requirements set forth in the Ordinance, particularly the necessity for the defendant to file an application for leave to defend within thirty days of service. The ruling emphasized that the words used in the law should be interpreted in their ordinary meaning, thereby making it imperative for the defendant to act within the stipulated time. This case serves as a critical example of the legal framework governing financial recovery in Pakistan, reinforcing the obligations of borrowers and the rights of financial institutions. Legal practitioners should take note of this ruling as it underscores the consequences of non-compliance with statutory requirements in financial disputes. |
| Court |
Balochistan High Court
|
| Entities Involved |
NATIONAL BANK OF PAKISTAN,
DILI JAN OIL MILL
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR, JUSTICE,
ABDUL HAMEED BALOCH, JUSTICE
|
| Lawyers |
Nemo for Appellants.,
Nemo for Respondent.
|
| Petitioners |
MESSRS DILI JAN OIL MILL THROUGH CHIEF EXECUTIVE/PROPRIETOR AND OTHERS
|
| Respondents |
NATIONAL BANK OF PAKISTAN THROUGH MANAGER
|
| Citations |
2021 SLD 2464 = 2021 CLD 752
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
9,
10,
7
|