| Case ID |
e27b4ebf-ef5a-4c22-913b-8489fad4afcf |
| Body |
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| Case Number |
F.A.O. No.282 of 2003 |
| Decision Date |
Nov 01, 2006 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the appellant failed to provide sufficient evidence to prove that the creditor bank was informed of any change in his address. The court found that the service of process was valid as it was sent to the last known address provided by the appellant. The court highlighted that the debtor has an obligation to notify the creditor of any changes in address. The appellant's application for setting aside the decree was dismissed on the grounds of limitation, as he filed it four years after the original decree without proper justification. The court ruled that the banking court's decision was legally sound and did not warrant interference. |
| Summary |
In the case of F.A.O. No.282 of 2003, the Lahore High Court dealt with an appeal regarding the setting aside of an ex parte decree issued against the appellant, Naseem Ullah Khan, by the Banking Court. The appellant contested the decree on the basis that he was not residing at the address where he was served, claiming that the United Bank Limited was aware of his new address. However, the court found that all modes of service had been duly followed according to the relevant banking laws. The court emphasized the principle that a debtor must keep the creditor informed of any changes to their address, which the appellant failed to do. The appeal was ultimately dismissed, affirming the validity of the original decree and the processes followed by the bank. This case highlights the importance of maintaining communication between debtors and creditors and adhering to legal obligations regarding service of process in financial disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
|
| Judges |
SYED SAKHI HUSSAIN BOKHARI,
SYED HAMID ALI SHAH
|
| Lawyers |
Sardar Anwar Ahmad Khan
|
| Petitioners |
NASEEM ULLAH KHAN
|
| Respondents |
UNITED BANK LIMITED
|
| Citations |
2007 SLD 2752,
2007 CLD 1552
|
| Other Citations |
Not available
|
| Laws Involved |
Financial Institutions (Recovery of Finances) Ordinance, 2001
|
| Sections |
9(5),
12
|