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1991 MLD 2363

MUSLIM COMMERCIAL BANK LTD. vs Messrs MUHAMMAD RAFIQUE TARIQ & Co.

Citation1991 MLD 2363
CourtLahore High Court
Judge(s)Malik Muhammad Qayyum
ResultSuit decreed

' This suit has been filed under the Banking Companies (Recovery of Loan) Ordinance, 1979, by Muslim Commercial Bank Ltd., for recovery of Rs,32,71,614.46, as on 30th March, 1990, alongwith the future interest and costs. Defendants were served with summons in Form IV of Appendix 'B' of the Civil Procedure Code. However, they have neither appeared nor applied for leave to appear and defend the suit. On account of the failure of the defendants to file such an application, the allegations in the plaint are deemed to have been admitted as correct.

2. Even otherwise, the claim of the plaintiff-Bank is amply supported by the original documents which have been placed on record. According to the statement of account, duly verified under the Bankers' Books Evidence Act, the amount in suit is due from the defendants to the plaintiff.

' In this view of the matter, a preliminary decree for recovery of Rs,32,71,614.46 is passed in favour of the plaintiff and against the defendants, with costs and future interest as prayed for in the plaint.

' The defendants are allowed four months time to pay the decretal amount, failing which the plaintiff shall be entitled to apply for final decree.

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