ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

I.A. No.87 of 2021

___________________________________________________________________ Date Order with signature of Judge

___________________________________________________________________

FRESH CASE:

1. For order on CMA No.2008/2018 (Urgent).

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

3. For order on CMA No.2009/2021 (Exemption).

4. For hearing of main case.

5. For order on CMA No.2010/2021 (Stay).

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4^th November 2021

Mr. Haris Rashid Khan, Advocate for Appellant.

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1 Urgency granted.

2. Learned counsel for the appellant requests for time to satisfy the Court with regard to office objections regarding filing of one appeal against consolidated judgment and decree. Time granted.

3. Exemption granted, but subject to all just exceptions.

4&5. Instant appeal has been filed against impugned consolidated judgment and decree dated 06.08.2021 passed by the learned Banking Court No.V at Karachi in Suits bearing Nos.685 of 2018 and 125 of 2019, whereby, according to learned counsel, the Suit No.685/2018 filed by the appellant for declaration, rendition of account, damages and permanent injunction against the respondents has been dismissed, whereas, the Suit No.125/2019 filed by the Standard Chartered Bank (Pakistan) Limited against the appellant for recovery of the amount has been decreed. It has been contended by the learned counsel for appellant that there are certain errors and illegalities in the impugned consolidated judgment passed by the learned Banking Court, whereas, the suit filed by the appellant has been dismissed without considering the material placed on record or assigning valid reason and the suit filed by the respondent Bank has been decreed even beyond the amount claimed in the suit. It has been further contended by the learned counsel that leave to defend application filed by the appellant in Suit No.125/2019 has been disposed of instead of allowing or rejecting the same, whereas, in the case of UMER SHARIQ v. Messrs SME BANK LIMITED (2016 CLD 1821), a learned Divisional Bench of this Court has been pleased to hold that there is no concept of disposing of leave to defend application, which has to be either allowed or dismissed in terms of Section 10 of the Financial Institutions (Recovery of Finances) Ordinance, 2001.

Let pre-admission notice be issued to the respondents, to be served through first three modes, for 23.11.2021, when objection/reply, if any, shall be filed with advance copy to the learned counsel for appellant.

J U D G E

*Farhan/PS*