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UNION BANK LIMITED versus MUHAMMAD ASLAM FIAZ KHOKHAR


Section 11 Special Relief Act (I of 1877), Section 55 of the Contract Act (IX of 1872), Section 171 Constitution of Pakistan, Article 199 Constitution Petition suit, mandatory and permanent order for the approval of accounts Resets the vehicle to Banking court of monthly installments on lease of vehicle and credit card facility, on the application for interim relief in the case filed by the defendant, the vehicle was directed to restore the vehicle in favor of the applicant bank. There was a substantial payment from. And that a typical banker of the applicant bank has a loan on the car. Following the banking court's order, it has come to the fore that the question of creditor's obligation to the rights of ordinary bankers has not been taken into account or it has been decided that the nature of such entitlement will depend. Not only with respect to applicable law but also in respect of the credit card provided by the defendant in connection with the leasing of any vehicle, not only in respect of the credit card facility. The grant of interim relief was to be reconsidered after considering the rights and obligations of the parties in relation to the vehicle. The banking court was set aside and remand was granted to retrieve a decision on the application for interim relief. The constitutional petition was accepted, \ r \ n

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