| Case ID |
4306d07d-8ebe-41cb-adb5-e1ed2364daaa |
| Body |
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| Case Number |
Constitutional Petition No.D-277 of 2006 |
| Decision Date |
Oct 12, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the constitutional petition filed by the petitioners, restoring their application under section 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. The court noted that the petitioners' counsel was engaged in another case at the Principal Seat of the High Court at Karachi on the day the application was dismissed for non-prosecution. The court found the personal affidavit submitted by the counsel credible and allowed the restoration of the application, subject to payment of costs to the respondent. The court directed that no further adjournments would be granted and that the suit should be decided within four months from the receipt of the order. This decision emphasizes the importance of fair representation and adherence to procedural justice in financial recovery cases. |
| Summary |
This case revolves around the Financial Institutions (Recovery of Finances) Ordinance, 2001, highlighting procedural issues in loan recovery suits. The Sindh High Court addressed the petitioners' appeal against the dismissal of their application for leave to defend a suit filed by a bank for loan recovery. The court emphasized the necessity of fair representation, allowing the petitioners to restore their application based on their counsel's engagement in another case, thus ensuring justice in financial disputes. The ruling underscores the significance of legal representation and the court's obligation to uphold the rights of parties involved in financial recovery proceedings. This case serves as a precedent for future financial litigation, illustrating the court's commitment to procedural fairness in banking and financial institution disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Messrs MUMTAZ TRADERS,
Messrs HABIB BANK LIMITED
|
| Judges |
AZIZULLAH M. MEMON,
ABDUL RASHEED KALWAR
|
| Lawyers |
Sham Lal Ladhani,
Muhammad Haroon Memon
|
| Petitioners |
,
Messrs MUMTAZ TRADERS
|
| Respondents |
another,
Messrs HABIB BANK LIMITED
|
| Citations |
2009 SLD 1834,
2009 CLD 169
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001,
Constitution of Pakistan, 1973
|
| Sections |
9,
10,
199
|