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MEHBOOB ELAHI versus UBL OF PAKISTAN


Banking Companies (Recovery of Loans) Ordinance 1979 Section 12 Constitution of Pakistan (1973), Article 185 (3) The suit for recovery of money under the jurisdiction of the summary dismisses the application for the separation of the former party decree Court dismisses allowing lender to deposit certain amount within 2 months and refer to the bank for waiver of interest No objection was made by the bank's lawyer on the approval of such order and finally The appeal was dismissed for the reason that the procedure for submitting the specific amount to the court was not complied with. It was rightly held that if the borrower did not comply with this directive, how could the appeal of the guarantee be excluded, especially when the appeal contemplated under section 12 (5) of this ordinance? If the leave was complied with, it would be examined whether there was a mistake in the High Court or not.

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