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MESSRS FYBRON (PVT.) LIMITED THROUGH MANAGING DIRECTOR versus NATIONAL BANK OF PAKISTAN THROUGH ZONAL CHIEF


Section 10 Bank Debt Recovery Leave to Defend This Case Serious and Unlawful Controversy Defendants specifically requested that the bank hold the mortgaged goods and despite repeated requests, the bank failed to sell the mortgaged goods As a result, the liabilities were accrued against them on the one hand, and their business suffered severe losses on the other, the banking court appointed a local commission that manufactured inventory of graded goods but the fate of the goods. Without deciding, the leave application was dismissed and the case was pronounced in favor of BankPlay Or. It was by the defendants that before the order was passed, some order regarding the goods to be graded should have been approved by the Banking Court. After more than 3 years had passed since the petition, which revealed serious and clear disputes between the parties, the defendants had no objection to the sale of mortgaged goods, the condition of the goods certainly deteriorated over such a long period. This has resulted in a decrease in value. The High Court observed that if the Banking Court had applied its judicial mind and at least participated in its mandate sheet, both parties would have been protected from harm such as mortgaged. In the event of the sale of goods, the liabilities of the defendants decrease and on the other hand, the bank will be sued. Iran finds at least some part. The Banking Court found itself wrong in the judgment and failed to decide the important questions between the parties, and the matter was settled only for the purpose that the High Court had taken such action from the judicial officer.

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