| Case ID |
4529eb16-930c-41a2-8b36-7f8d3fd02183 |
| Body |
View case body. Login to View |
| Case Number |
Regular First Appeal No. 165 of 1994 |
| Decision Date |
Sep 20, 1995 |
| Hearing Date |
|
| Decision |
The High Court addressed an application under section 151 of the Civil Procedure Code, where the appellant's failure to comply with the provisions of section 9 of the Banking Tribunals Ordinance was contested. The court noted that no appeal could be entertained unless the decretal amount was deposited with the Banking Tribunal. Despite the appellant's claims of pending constitutional challenges, the court provided an opportunity for the appellant to deposit the required amount within three months. The decision emphasized the necessity of compliance with legal provisions for appeals to be considered competent, while also allowing for a stay on execution proceedings if the deposit was made timely. |
| Summary |
In the case of Regular First Appeal No. 165 of 1994, the Lahore High Court examined the conditions under which appeals can be filed against decrees under the Banking Tribunals Ordinance, specifically focusing on the non-compliance of depositing the decretal amount. The court highlighted the importance of adhering to legal requirements for the appeal process, stating that without such compliance, the appeal cannot be entertained. The case involved the petitioners FARM AIDS and others against DEAUCHE BANK, where the court ruled that the appellant must deposit the required amount within three months to proceed with the appeal. This decision illustrates the stringent requirements set by the Banking Tribunals Ordinance for appeals, emphasizing the need for petitioners to follow due process. The outcome of this case serves as an essential reference for understanding the procedural aspects of filing appeals in banking matters, particularly regarding the necessity of complying with financial prerequisites. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
MALIK MUHAMMAD QAYYUM,
SHARIF HUSSAIN BOKHARI
|
| Lawyers |
Shahid Hussain Qadri,
Pervaiz Ahmad Khan Burki
|
| Petitioners |
others,
FARM AIDS
|
| Respondents |
DEAUCHE BANK
|
| Citations |
1996 SLD 1379,
1996 PLD 331
|
| Other Citations |
Not available
|
| Laws Involved |
Banking Tribunals Ordinance (LVHI of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
9,
151
|