ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.6 of 2022

___________________________________________________________________                                        Date                                      Order with signature of Judge 

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FRESH CASE:

1. For order on CMA No.142/2022 (Urgent).

2. For order on CMA No.143/2022 (u/s.149 CPC).

3. For order on CMA No.144/2022 (Condonation of delay).

4. For order on office objection a/w reply as at ‘A’.

5. For order on CMA No.145/2022 (Exemption).

6. For hearing of main case.

7. For order on CMA No.146/2022 (Stay).

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31^st January 2022

Mr. Javed Haleem, Advocate for Appellant.

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1.         Urgency granted.

2.         Learned counsel for the appellant submits that since the appellant could not pay the requisite Court-fees within time, therefore, the delay may be condoned, whereas, the appellant will deposit Court-fees within three days. Accordingly, listed application is granted, however, subject to all just exceptions.

4.         Learned counsel for the appellant undertakes to comply with office objections before next date of hearing.

5.         Exemption granted subject to all just exceptions.

3,6&7.  Instant appeal has been filed against impugned judgment dated 25.09.2021 and decree dated 11.10.2021 passed by the learned Banking Court No.II, at Karachi in Suit No.994 of 2016, whereby, according to learned counsel for the appellant, the suit for recovery filed by the respondent No.1 Bank has been decreed in the sum of Rs.33,955,498.12 alongwith cost of funds from the date of default till realization of the entire decreetal amount. According to the learned counsel for appellant, the leave to defend application filed by the appellant was declined without valid reasons, whereas, learned Banking Court has not taken into consideration the payments already made by the appellant.    

            Mr. Aijaz Ali, Advocate has shown appearance on receipt of notice under Order 43 Rule 3 CPC and files vakalatnama of Mrs. Sofia Saeed Shah, Advocate on behalf of the respondent No.1 Bank alongwith copy of power of attorney, which are taken on record. He claims copy of instant appeal alongwith annexures and requests for time to file objection/reply. Learned counsel for the appellant undertakes to supply the same before next date of hearing. Let notice be issued to the remaining respondents, to be served through first three modes, for 18.02.2022.

  J U D G E

J U D G E