| Case ID |
42fae465-c160-4125-8f76-4aed661d96c2 |
| Body |
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| Case Number |
Civil Appeal No.592 of 2003 |
| Decision Date |
Sep 19, 2006 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order impugned was set aside. The application filed by the appellant under Section 12(2) of the Civil Procedure Code shall be treated as pending and disposed of in accordance with law and on merits by the Banking Court. The decision aims to resolve contradictory views expressed by different High Courts and ensures that the provisions of the Civil Procedure Code remain applicable in matters under the Banking Companies Act. The ruling emphasizes the importance of examining jurisdiction and maintainability of applications under the relevant laws. |
| Summary |
In the Supreme Court of Pakistan, a significant ruling was made regarding the applicability of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act and the Civil Procedure Code in the context of loan recovery cases. The case, Civil Appeal No.592 of 2003, involved the appellants, MUHAMMAD YAQOOB and others, challenging a decision made by the Lahore High Court regarding their application under Section 12(2) of the Civil Procedure Code. The Supreme Court found that the High Court had failed to comprehensively address the maintainability of the application and the applicability of the Civil Procedure Code in banking matters. The ruling highlighted the necessity for the Banking Court to properly consider the merits of the case and to ensure that the legal rights of the appellants were protected. This case sets a precedent for future banking litigation, reinforcing the importance of due process and the correct application of legal principles in financial disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Messrs UNITED BANK LIMITED
|
| Judges |
JAVED IQBAL,
HAMID ALI MIRZA
|
| Lawyers |
Mian Nusrat Ullah,
Muhammad Afzal Sindhu
|
| Petitioners |
others,
MUHAMMAD YAQOOB
|
| Respondents |
others,
Messrs UNITED BANK LIMITED
|
| Citations |
2007 SLD 2837 = 2007 CLD 683
|
| Other Citations |
2000 MLD 421,
PLD 1998 Kar. 278,
1997 CLC 1342,
PLD 1981 SC 359
|
| Laws Involved |
Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1997),
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973)
|
| Sections |
3,
12(2),
185(3)
|