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Petitioner: MCB Bank Limited through Manager VS Respondent: Azhar Hussain and another
Court Name: Lahore High Court Judge(s): Shahid Bilal Hassan, Masud Abid Naqvi Title: MCB Bank Limited through Manager vs Azhar Hussain and another Case No.: F.A.O. No. 41 of 2015 Date of Judgment:2016-06-23 Reported As: 2021 CLD 679 Result: N/A
Judgment ORDER Concise facts of this appeal are that the respondent No. 1 filed suit for recovery of Rs.471982/- on 10.10.2009. The appellant filed an application for Leave to appear and defend the suit which was duly contested by the plaintif f/respondent. After hearing the arguments, appellant's application was dismissed by the learned Banking Judge vide order dated 19.02.2015. Feeling aggrieved of order dated 19.02.2016 of learned Banking Court, the appellant has preferred instant appeal and challenged the validity of the impugned order . 2. Learned counsel for the appellant/defe ndant submits that the application for leave to appear and defend the suit was filed within time because the appellant/defendant got the knowledge of the pendency of suit on 03.02.2010 while the learned Banking Court has misread and misconstrued the record while passing the impugned order . Therefore the same is not sustainable at law and liable to be set aside. Learned counsel for the respondent/plaintif f fully supports the impugned order . We have heard the arguments of the learned counsel for the parties and have minutely gone through the record as well as the impugned order .