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CRESCENT LEASING CORPORATION LIMITED versus SARHAD GOODS TRANSPORT COMPANY


Sections 9, 10 and 22 Civil Procedure Code (v. 1908), AXLI, R33 Suit for Finance / Debt Recovery, Leave by Bank to Release Request for Non-Delivery of Asset to Defendant Dismissing the application, directing the parties to submit or break the account with supporting documents, found such documents to be inadequate for the assets leased to the defendant, which resulted in the dismissal of the suit bank application. , After dismissing the leave application, the banking court was bound to issue a stay order The dismissal decision cannot be reconsidered, and the interim order to dismiss the leave application was legally questioned as a legal ground. Therefore, the banking court must grant leave to defend its jurisdiction in the appeal arising from the judgment of the High Court. This order will be in continuation of the original case. The appellate court may exercise the powers available to the original court. I will not abstain from judgment / judgment because the interim order to dismiss the leave application will be followed by the respondent. Failure to submit objections to the exemption will be granted. The Banking Court can be rescinded from the terms of O XLI, R 33 by excluding the leave application against the recorded search; CPC Banking Court decided to request leave without considering the material available on record. The court unconditionally granted the leave application and remanded the matter to the banking court on remand. Record the evidence of the parties

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