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2003 CLD 1599

RAHEEL IKHLAS vs Messrs CITIBANK N.A.

Citation2003 CLD 1599
CourtSupreme Court of Pakistan
Case No.Civil Petition No,1833-L of 2002 Petition No,1833-L of 2002 F.A.O. No,408 of
Date2002-07-02
Judge(s)Rana Bhagwan Das, Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

' RANA BHAGWANDAS, J.---Petitioner seeks leave to appeal against the High Court order, dated 21- 3-2002 upholding the order of the Banking Court, Lahore whereby petitioner's application under section 12 of the Banking Companies (Recovery of Loans, Advances, Credits and Finances) Act (XV of 1979) was rejected.

2. The petitioner being a credit card holder to the limit of Rs,2,45,000 was proceeded against before the Banking Court where an ex parte decree in the sum of Rs,1,73,007 was passed against him on 29-5-2001. The petitioner despite" service of notice in the ordinary course as well as by publication did not appear before the trial Court and instead moved an application under section 12 of Act XV of 1997 on the main premise that he had not been afforded opportunity of hearing and was condemned unheard. Petitioner's plea did not find favour with the learned High Court which has been dismissed through the impugned order, leading to this petition.

3. We have heard learned Advocate-or-Record for the petitioner and gone through the entire record as well as the .Impugned judgment. On the face of record there appears to be no merit in this petition and the order passed by the High Court is just, fair and equitable in the circumstances of the case. In case the petitioner feels that he is not liable to pay the decretal amount or that certain amount credited by him has not been adjusted by the Bank, he may agitate the same before the Executing Court as this Court cannot embark upon an inquiry into facts in the exercise of its Constitutional jurisdiction.

4. Resultantly, this petition fails and is hereby dismissed.

Cited by 3 cases

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