| Case ID |
44e13f3d-90f9-4117-b3c5-5ee0bf4c7987 |
| Body |
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| Case Number |
R.F.A. No.122-C of 2008 |
| Decision Date |
Sep 30, 2008 |
| Hearing Date |
Sep 30, 2008 |
| Decision |
The Lahore High Court granted leave to defend the suit filed by Khalid Mahmood for recovery of Rs.75,00,000 based on Call Deposit Receipts (CDRs) issued by A.B.L. The court ruled that the allegations of fraud and theft raised by the appellant (A.B.L.) needed to be substantiated through evidence, and the mere assertion of fraud was insufficient for dismissal without a proper trial. The court emphasized that the CDRs, signed by bank officials, constituted a negotiable instrument under the Negotiable Instruments Act, 1881, and were thus maintainable in the suit. The court directed that the matter be expedited, ensuring that it is resolved within three months, recognizing the need for a fair hearing regarding the validity and execution of the CDRs. |
| Summary |
This case revolves around the legal intricacies of Call Deposit Receipts (CDRs) issued by A.B.L. and the allegations of fraud against the respondent, Khalid Mahmood. The Lahore High Court highlighted that the determination of fraud allegations requires a thorough examination of evidence, rather than a summary dismissal. The court acknowledged that CDRs, as negotiable instruments, have specific legal implications under the Negotiable Instruments Act, 1881. The decision to grant leave for the appellant to defend the suit underscores the importance of addressing triable issues in court, allowing both parties to present their evidence. This ruling reinforces the legal framework surrounding bank instruments and the significance of procedural fairness in civil litigation. Keywords: Call Deposit Receipts, Lahore High Court, fraud allegations, negotiable instruments, Civil Procedure Code, legal framework, procedural fairness. |
| Court |
Lahore High Court
|
| Entities Involved |
A.B.L.,
KHALID MAHMOOD
|
| Judges |
SYED HAMID ALI SHAH,
HAFIZ TARIQ NASIM
|
| Lawyers |
Ch. Tariq Mahmood Gill,
Muhammad Ali Qureshi
|
| Petitioners |
A.B.L.
|
| Respondents |
KHALID MAHMOOD
|
| Citations |
2009 SLD 476 = 2009 CLC 308
|
| Other Citations |
Fine Textile Mills Ltd., Karachi v. Haji Umar PLD 1963 SC 163,
National Bank of Pakistan v. Messrs Elegzender and Company and 2 others PLD 1987 Lah. 290,
Messrs Bhera Food Grain Corporation and 9 others v. Muslim Commercial Bank 1987 CLC 1843,
Messrs Chaudhri Textile Mills and others v. United Bank Limited 1987 CLC 1957,
Messrs United Bank Limited v. Messrs Okara Trading Company and others 1989 MLD 921,
Messrs Bashir Engineering Industries and 3 others v. The Muslim Commercial Bank Ltd. and another 1988 CLC 941,
Habib Bank Limited v. Musarat Ali Khan PLD 1987 Kar. 86,
Mian Rafique Saigol and another v. Bank of Credit and Commerce International (Overseas) Ltd. and another PLD 1996 SC 749,
Zohair Akhtar v. Jawad Adil 2006 YLR 1510,
Messrs Ark Industrial Management Ltd. v. Messrs Habib Bank Limited PLD 1991 SC 976,
M. Sarwar Ghani v. Muslim Commercial Bank Limited 1989 ALD 34,
Abdul Malik K. Lakha through Legal Heirs v. Abdul Karim K. Kara 2004 PLD Kar. 399
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Negotiable Instruments Act, 1881
|
| Sections |
O.XXXVII,S.10,
4,
13
|