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CRYSTAL SEEDS (PVT.) LTD. LAHROE THROUGH CHIEF EXECUTIVE versus CRESCENT COMMERCIAL BANK LIMITED LAHORE THROUGH BRANCH MANAGER


Section 10 (3) (4) defaults on the claim for bankruptcy relief sets the application for leave for defense to the extent of the claim portion, the effect is that the bank filed compensation and sums against the defendants. The lawsuit was filed to recover the costs as well. A leave application was filed for a trial related to the trial and the case filed by the plaintiff was dismissed. The defendants claimed that the trial court had referred to the incorrect provisions (3) (4) of section 10 of the Financial Institutions (Restoration) Ordinance 2001. It was complied with and there were hearing cases that required the recording of evidence, therefore, a leave should have been granted in this case, the record of the justification has revealed that the defendants were unpaid rental rentals. In defense of the balance of the money, the defense failed to defend. Plaintiff's claim regarding payment delay charges and check return charges was entitled to an interim injunction under which the plaintiff was entitled to an interim injunction, in the facts and circumstances of the late payment charges and check return charges by the plaintiff. And the defendant can be charged at no cost to the rental amount as an unconditional leave to defend the case, accordingly the appeal was adopted to maintain the balance of the claim of the plaintiff.

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