ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.79 of 2004

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

For order as to non-prosecution.

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20^th September 2021

Appellant and its counsel are called absent, no intimation is received. On the last date of hearing also, following order was passed on 26.03.2021:-

“No one is in attendance on behalf of the appellant, no intimation is received. Instant matter was admitted to regular hearing vide order dated 12.05.2005, however, thereafter nobody is coming forward to pay the cost for preparing the paper book.

In the interest of justice, two weeks’ time is granted to do the needful failing which instant High Court Appeal will be dismissed for non-prosecution. Let intimation notice be issued to the counsel for the appellant for the next date.

To come up after two weeks.”

Record reflects that instant appeal was filed on 26.01.2004 against the impugned order dated 16.10.2003 passed by the learned Banking Court No.II at Karachi in Suit No.894 of 2000 filed by the respondent Bank against the appellant. However, after having filed instant appeal, appellant and its counsel were not remained vigilant to proceed with the matter, which is being fixed for order as to non-prosecution and the matter was being adjourned in the interest of justice and since then neither appellant nor its counsel is in attendance, whereas, after lapse of considerable time, instant appeal even otherwise has become infructuous. It appears that the appellant have lost interest in pursuing the instant appeal, which is accordingly dismissed on account of non-prosecution.

J U D G E

*Farhan/PS*