MUHAMMAD SHAHBAZ THROUGH LEGAL HEIRS versus MUSLIM COMMERCIAL BANK LIMITED THROUGH ITS ATTORNEY
Banking Companies (Loans, Progress, Credit and Recovery of Financial Issues) Articles 10, 15 and 21 of the Ordinance 1997 suit to recover the loan amount by the bank Some defendants filed for leave to defend this claim. That their property is not a mortgage, while the other defendants were not able to file any such application as being a real beneficiary. The banking court had, under litigation, claimed legality in favor of the bank regarding the mortgage of the property. The petition for leave for defense did not contain the documents that the property was not mortgaged. The real beneficiaries of the bank did not file any leave application to defend the case, therefore, the banking court had a Supreme Court law in the case of Messrs. Ahmed Autos (PLD 1990 SC 497). According to the authority, there was no option but to submit a decree. Or the weakness was found in an unanticipated decision and in the circumstances the appeal was dismissed
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