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ZARAI TARAQIATI BANK LIMITED THROUGH MANAGER versus SYED FURRAKH HUSSAIN SHAH

Sections 9 and 10 of the Special Relief Act (of 1877), Sections 42 and 54 of the Declaration of Suit Procedure for the Recovery of Bank Loans The Bank filed a case for collection of a bank loan in which the borrower was discharged and The lawsuit was dismissed by the banking court. Under the declaration, the bank filed by the borrower refused to grant leave to defend the case and the suit filed by the lenders was ordered. It was held that after the approval of the lender's leave application, the bank's suit could not be dismissed immediately. The bank was in contempt of the provisions of section 10 (10) of the Ordinance of Financial Institutions after the approval of the borrower's leave application, before the banking court banned the borrower's own request for leave. Was forced to decide on the qualities. Issues involved in this case If the banking court was of the view that the borrower raises sufficient questions about the law and facts, it may be advisable to defend the case. It was allowed, but at any time, the case filed by the bank could not be excluded. The banking court did not adopt the procedure recorded in the law and went beyond the scope of clause 10 (10) of the financial institutions. Was gone Finance) Ordinance, 2001 Even if the banking court agrees to accept the borrower's leave application, the court, in compliance with the provisions of section 10 (10) of the financial institutions, shall immediately reject the bank's claim. Instead, the (Recovery of Finance) Ordinance, 2001, should have treated his leave application as a written statement, the matters were not considered list of advocates from Mangal Sada lawyer