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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Messrs TERMIZI OIL INDUSTRIES (PVT.) LTD. through Director and 3 others VS Respondent: INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN through Senior Vice President
Court Name: Supreme Court of Pakistan Judge(s): Faqir Muhammad Khokhar, Karamat Nazir Bhandari Title:Messrs TERMIZI OIL INDUSTRIES (PVT.) LTD. through Director and 3 others vs
INDUSTRIAL DEVELOPMENT BANK OF PAKISTAN through Senior Vice President Case No.: Civil Petition No.2021-L of 2005 R.F.A. No.572 of 2001 Date of Judgment:2005-10-20 Reported As: 2007 CLD 1509 Result: Leave refused Judgment ORDER KARAMAT NAZIR BHANDARI, J.---On a suit brought by the respondent-Bank, the Banking Court passed a money decree in the sum of Rs.10.6787 million as "of 30-9-1995 along with other charges etc. Till total realization of the Banks dues". On appeal the Lahore High Court, confirmed the decree on 18-4-2005 against which judgment and decree the petitioner seeks leave to appeal. 2. The only ground urged the learned counsel is that the suit was tiled by the Bank through a person who was not authorized to file the same. He has explained that suit was filed through Mr. Zafar Hameed, Senior Vice-President, Regional Office, Lahore, who had not been authorized to file the suit in the name and on behalf of the Bank. 3. The High Court has relied on Exh.P.12, a Notification dated 13-9-1974 bearing No. EST/110/1292/72, wherein the Board of Directors of respondent-Bank authorized the officers of the rank of Senior Vice-President to institute the suit. We see no reason to disagree with the High Court on this point. No argument whatsoever has been addressed by the learned counsel against notification Exh.P.12. 4. The impugned judgment and decree is perfectly valid. We find this petition to be without merit and dismiss the same. Leave is refused.
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