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Petitioner: APEX INTERNATIONAL ASSOCIATES and another VS Respondent: BANK ALFALAH LIMITED, L.D.A. PLAZA, KASHMIR ROAD, BRANCH, LAHORE
Court Name: Lahore High Court Judge(s): Jawwad S. Khawaja, Abdul Shakoor Paracha Title:APEX INTERNATIONAL ASSOCIATES and another vs BANK ALFALAH LIMITED,
L.D.A. PLAZA, KASHMIR ROAD, BRANCH, LAHORE Case No.: Regular First Appeal No,917 of 2001 Date of Judgment:2002-02-06 Reported As: 2002 CLD 639 Result: Order accordingly Judgment ORDER The short point on which this first appeal was admitted to regular hearing has been noted in the order, dated 24-12-2001. We have now seen the record. Sale-deeds of the mortgaged property as well as the title deeds of appellant No,2 deposited with the respondent-Bank show that he was resident of 191-A Ahmed Block, New Garden Town, Lahore and not House No,171-A as has been mentioned in the head of the plaint. In these circumstances, it is evident that Tahir Hameed appellant No,2 was not properly served before the ex parte decree impugned herein, dated 12-8- 2000 was passed. In these circumstances, we set aside the impugned judgment and decree as against appellant No, 2. The said appellant No,2 may within 21 days from today submit an application seeking leave to appear and defend in accordance with the provisions of Financial Institutions (Recovery of Finances) Ordinance, 2001. The case is remanded to the learned Banking Court-V, Lahore, which shall thereafter proceed to decide the matter as per law. The parties who are represented before us, are directed to appear before the learned Banking Court-V on 28-2- 2002. 2. It is clarified that the address of Apex International Associates appellant No, 1 was correctly given in the plaint as 13-F, Raja Centre, Gulberg-III, Lahore. It is this very address which has been mentioned in the various finance documents filed with its plaint by the respondent-Bank. As such the decree against Apex International Associates appellant No,1 shall stand and will remain fully enforceable against it.