NIAZ AHMAD versus HABIB BANK LTD
Banking Companies (Recovery of Loans) Ordinance 1979 Section 7 Civil Procedure Code (v. 1908), A XXXVII, RR 2 and 3 of the Constitution of Pakistan (1973), Article 185 (3) exempted suit for recovery of bank loan And the plaintiff pleaded that after the banking court concluded that the applicants had taken an immaterial defense, they were obliged to give unconditional leave, but were denied the right to obtain financial benefits. The refusal was not made even though some objections were raised by the banking court. Is it arbitrary or unconditional leave to be delayed when arbitrary or arbitrary banking court has properly used such discretion without having to settle the question and persuade the facts of the case, There was no valid reason to interfere with the discretion used by the banking court
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