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MESSRS RISING SUN COMPANY THROUGH PARTNER MR. FAROOQ AHAB versus BANK OF OMAN LTD., LAHORE THROUGH GENERAL MANAGER


Section 10 Leave to defend suit, grant or factual dispute for bank loan recovery The bank could not bring anything on record to indicate that the delivery of goods by the defendants or any receipt from the defendants. A written request has been received to show that the goods were handed over to them. Such dispute was raised in the petition for leave submission and defense. The banking court rejected the request. Cordy and the bank decided in favor of the circle. The dispute was not decided by the banking court, and there was no document on it. Record on the basis of which the High Court may decide the factual dispute regarding the matter, whether it was returned by the bank to the defendant on his request, the judicial decision and the order passed by the Banking Court. Was set aside and the defendants were given a conditional leave case. The remand was obtained in the banking court for the decision, according to which the appeal was allowed.

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