Order Sheet

IN THE HIGH COURT OF SINDH KARACHI

First Appeal No.27 of 2008

Date	Order with signature of Judge

Hearing / priority :

For hearing of Main Case :

23.11.2018 :     Mr. Ghulam Rasool Korai, advocate for the appellant.

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            This appeal under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, (‘the Ordinance’) is directed against order passed on 30.11.2007 by learned Banking Court No.V at Karachi in Suit No.212/2007, whereby the said Suit filed by the appellant was dismissed with no order as to costs. The Suit was filed by the appellant under Section 9 of the Ordinance against the respondent for recovery of Rs.236,436.06. While dismissing the Suit, it was held by the learned Banking Court that compliance of Sub-Section (3) of Section 9 of the Ordinance was not made by the appellant. It was also held that as per the material available on record the amount paid by the respondent / defendant to the appellant / plaintiff was more than the amount availed by the respondent.

            We have heard learned counsel for the appellant and have also examined the material available on record. Perusal of the plaint filed by the appellant shows that findings of the learned Banking Court regarding non-compliance of Sub-Section (3) of Section 9 of the Ordinance, were correct as the disclosure mandated by the said Sub-Section was not made in the plaint. In view of the law laid down by the Hon’ble Supreme Court in Apollo Textile Mills Ltd. and others V/S Soneri Bank Ltd., PLD 2012 Supreme Court 268 = 2012 CLD 337, the Suit of the appellant was rightly dismissed and as such findings of the learned Banking Court do not require any interference by this Court. Accordingly, the appeal is dismissed with no order as to costs.

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