ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Special HCA No. 01 of 2026

Date	Order with signature of Judge

Hearing of case (Priority).

1. For orders on office objection.

2. For hearing of main case.

3. For hearing of CMA No. 05/2026.

20.10.2026.

Mr. Muhammad Ali Haider, advocate for the appellant.

Mr. Suleman Hudda, advocate for the respondent.

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Through the present Special High Court Appeal filed under Section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, the appellant has assailed order dated 03.12.2025 passed by the learned Single Judge of this Court (Original Banking Jurisdiction) in Suit No.B-06/2025 and decree dated 11.12.2025 whereby the leave to defend application of the appellants-defendants was dismissed for non-prosecution and the suit of the respondent-plaintiff was decreed as prayed.

After addressing the Court at some length, learned counsel for the parties, without prejudice to the case and claims of the parties on merits, have developed consensus for disposal of this Appeal by remanding the case to the learned trial Court, by setting aside the impugned order and decree, for deciding the leave to defend application as well as the suit afresh.

Accordingly, with the consent of the parties, the instant Special High Court Appeal is disposed of, and the impugned order and decree are hereby set aside. The matter is remanded to the learned Trial Court with the direction to decide the application for leave to defend afresh, treating the same as pending, strictly in accordance with law and after affording a fair and reasonable opportunity of hearing to all concerned parties. Thereafter, the learned Trial Court shall proceed to decide the suit afresh, in accordance with law, subject to the outcome of the application for leave to defend. At this juncture, learned counsel for the Appellant assures that he shall not seek any adjournment before the learned Trial Court and shall proceed with the application for leave to defend on the date fixed for hearing.

Since the matter pertains to the year 2018 and has remained pending for a considerable period, the learned Trial Court shall proceed with the same expeditiously. The parties shall extend full cooperation to the learned Trial Court to facilitate expeditious disposal of the matter.

In the above terms, instant Special High Court Appeal stands disposed of alongwith pending application(s).

JUDGE