2005 PLP 1562 (CLD)
HABIB BANK LIMITED through Attorneys — Appellant Versus MUHAMMAD ARIF NAZIR — Respondent
| Citation | 2005 PLP 1562 (CLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | HABIB BANK LIMITED through Attorneys — Appellant Versus MUHAMMAD ARIF NAZIR — Respondent |
| Primary Law | Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) |
Q1: What are the key laws and sections cited in 2005 PLP 1562 (CLD)?
This judgment primarily cites: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1562 (CLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1562 (CLD) (HABIB BANK LIMITED through Attorneys — Appellant Versus MUHAMMAD ARIF NAZIR — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ikram Zahid for Respondent.
Headnotes / Summary
Ss. 9 & 22
Judgment passed by Chairman Banking Tribunal whereby plaint filed by Bank was ordered to be returned, had been assailed by Bank in first appeal
Impugned judgment was not maintainable because Tribunal and law under which it was functioning, had ceased to be operative
Banking Court, presently were functioning under the prevailing law-Appellant should have made a move before Banking Court for proceedings in the suit which was to heard and decided by it in accordance with law.
Judgment & Decree
SYED ZAHID HUSSAIN, J.
By judgment dated 6-6-1996 the Chairman Banking Tribunal-II, Faisalabad, had ordered the return of plaint being premature, which has been assailed through this first appeal.
2. The learned counsel have been heard. In view of the judgment of Full Bench of this Court in Messrs Chenab Cement Product (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lahore 672 and Syed Farasat Ali Shah v. Allied Bank of Pakistan Limited 2002 CLD 759 and unreported judgment in R.F.As. Nos.42 and 133 of 1997, the judgment of Banking Tribunal is not sustainable. The Tribunal and the law under which it was functioning has ceased to be operative and presently the Banking Courts are now functioning under the prevailing law. Let the appellant make a move before the learned Banking Court for proceedings in the suit, which shall be heard and decided by it in accordance with law.
3. The learned counsel for the respondent has made a request for a direction to the Bank for the supply of documents so that the respondent could make payment in accordance with the agreement. Since the matter is to be heard and decided by the Banking Court, the respondent-defendant may make such request before that Court, which undoubtedly will consider the same in accordance with law. The appeal is disposed of accordingly with no order as to costs. H. B.T. /H-178/L Order accordingly.