SARHAD DALL MILLS HAVELIAN versus NORTH-WEST FRONTIER PROVINCE (KHYBER PAKHTUNKHWA), SMALL INDUSTRIES DEVELOPMENT BOARD
The suit for recovery of Section 10 was dismissed against the accused. The defendants' position was that they had filed a case for declaration on the same matter, which was pending and were not served in their recovery case before banking. The court proceedings started with the order sheets in the declaration case filed by the defendants against the plaintiff's bank but no attempt was made to name them and instead of serving them, they met with a younger reader. This was an earlier part of the post in the newspapers. The injunction was granted against the defendants, thus the bankruptcy court declared irregularities while it pronounced the judgment of the plaintiff's bank while the defendants against the accused with complete information about the pending declaration. The decree was obtained confidentially, and it was disputed and irrelevant by the Banking Court for failing to present the facts of the pending trial. e The same financial dispute between the parties led to the High Court dismissing the banking court's order and remanding the matter to the banking court, appeal was allowed, accordingly.
Related judgments — Peshawar High Court NWFP, 2012
