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MUSLIM COMMERCIAL BANK LTD. versus MESSRS AL-FAHM TEXTILE MILLS LTD.


Sections 9 and 17 (3) (4) of the Financial Institutions (Recovery of Finance) Ordinance (XLVI of 2001), Sections 9 and 18 (3) (4) of the Convention of Evidence (10 of 1984) Article 17 (2) (a) The defendant's alleged guarantee document, letter of hypothesis and the floating charge process for recovery of the loan amount were verified and executed before the implementation of the Banking Companies (Loans, Progress, Credit and Finance Recovery) Act 1997 Should be banned for import. And the Financial Institutions (Recovery of Finance) Ordinance, 2001 both in the Act, 1997 and in the Ordinance, 2001, especially those documents which were verified under the law Ahmad Shahadat, 1984, if so If it is implemented before implementation, two witnesses are not required under the Ordinance, 2001, by guarantee and hypothesis; such documents executed in 1988 cannot be null, inactive and have no legal effect. Was.

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