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CH. MUHAMMAD SADIQ versus SMALL BUSINESS FINANCE CORPORATION THROUGH REGIONAL MANAGER


Section 42 Financial Institutions (Recovery of Finance) Ordinance (XLVI of 2001), Section 2 (C) and 9 Contracts Act (IX of 1872), Section 128 Bank Guarantor Recovery, in charge of guaranteeing the plaintiff's principal debt. Some dispute and filed in the bankruptcy court plaintiff's claim that the outstanding debt should be recovered against the principal debtor from the sale of the residential property, the suit filed by the plaintiff by the banking court under OVII, R 11. Was rejected, the CPC endorsement neither the principal debtor nor the guarantee excluded the arrears, in accordance with section 128 of the Contract Act, 1872, The liabilities and some of the money were owed, the obligation to guarantee, unless it was provided in the contract, was wider with the claimant lenders until the claimant guaranteed the guarantee. The financial institution's hand, even the guarantor, to initiate the restoration proceedings against it has come within its limits as decided by the customer in section 2 (c) of the Financial Institutions (Recovery of Finance) Ordinance, 2001 The order passed by the Banking Court was not subject to any legal wrongdoing and it dismissed the appeal for interference by the High Court. Under the circumstances

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