ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.33 of 2016

___________________________________________________________________ Date Order with signature of Judge

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For order as to non-prosecution of appeal.

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7^th March 2022

Appellant and its counsel are called absent, no intimation is received. On the last several dates of hearing also, either the counsel for appellant was called absent or time was being sought to comply with office objections, however, the needful has not been done. Instant appeal was filed on 11.02.2016 against judgment dated 22.12.2015 and decree dated 01.01.2016 passed by the Banking Court No.V at Karachi in Suit 72 of 2015 filed by the appellant Bank for the recovery of Rs.378,003/- in respect of some credit card facility with an assigned credit limit of Rs.278,850/-, which according to appellant, was not paid back after having availed the same, however, through impugned judgment the said suit has been dismissed.

From perusal of the impugned judgment passed by the learned Banking Court in the instant case, prima facie, there seems no factual error or legal infirmity, as it has been held by the Banking Court that there was no amount outstanding against respondent/customer, who has already paid more than the amount what was utilized by the respondent, and such excess could have been adjusted towards service charges. It appears that for such reason appellant and its counsel are not coming forward to proceed with instant First Appeal, which is pending since 2016 without any useful progress and since its inception is being fixed for orders as to non-prosecution. Accordingly, instant appeal is dismissed.

J U D G E