| Case ID |
3cd7f07a-0e4e-4178-b3e7-11a2eb887995 |
| Body |
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| Case Number |
R. F. A. No.167 of 1997 |
| Decision Date |
Jul 30, 2003 |
| Hearing Date |
Jul 30, 2003 |
| Decision |
The appeal filed by the Agricultural Development Bank of Pakistan was allowed. The judgment and decree dated June 16, 1996, passed by the Banking Tribunal was set aside. The case was remanded to the newly constituted Banking Court for fresh consideration. The Banking Court was directed to decide the suit for recovery of Rs.3,13,087, preferably within three months from the receipt of the judgment. The court clarified that the previous decree was not saved under the principle of past and closed cases as it was challenged through an appeal. |
| Summary |
In the case of Agricultural Development Bank of Pakistan vs. Muhammad Khan, the Lahore High Court addressed an appeal concerning a judgment from the Banking Tribunal. The Tribunal's decision, which partially decreed the bank's suit for recovery of funds, was challenged by the bank. The High Court examined whether the decree was 'past and closed' under the Banking Tribunals Ordinance and concluded it was not, allowing the appeal and remanding the case for fresh consideration. This ruling emphasizes the importance of proper legal channels in challenging tribunal decisions and the implications of the past and closed cases doctrine in banking law. This case is significant for understanding the procedural dynamics of banking litigation in Pakistan, particularly under the Banking Tribunals Ordinance and subsequent financial legislation. |
| Court |
Lahore High Court
|
| Entities Involved |
Agricultural Development Bank of Pakistan,
Muhammad Khan
|
| Judges |
MAULVI ANWARUL HAQ,
MIAN HAMID FAROOQ
|
| Lawyers |
Nemo for the Parties
|
| Petitioners |
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN
|
| Respondents |
MUHAMMAD KHAN
|
| Citations |
2004 SLD 2130,
2004 CLD 1269
|
| Other Citations |
Messrs Chenab Cement Product Private Ltd. and others v. Banking Tribunal Lahore and others PLD 1996 Lah. 672,
Syed Farasat Ali Shah v. Allied Bank of Pakistan Writ Petition No. 12374 of 1999
|
| Laws Involved |
Banking Tribunals Ordinance, 1984,
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
9,
5
|