Industrial Development Bank Of Pakistan Through Its Duly Authorized

1. ORDER (20.3.2003)

2. MIAN HAMID FAROOQ, J.- PLD No. 35-B/2003. Let a copy of this application be handed over to the learned counsel for the plaintiff with the directions to file the reply to the said application within a period of 20 days with an advance copy to the learned counsel for the contesting defendants.

3. Case to come-up on 18.3.2003 for arguments.

2. Record of the case manifests that upon the presentation of the plaint, summons as prescribed under Section 9(5) of Act, 2001 were issued to all the defendants. Pursuant thereto only afore-noted defendants have filed the leave application, while the other defendants have not filed any application seeking leave to defend the suit, as provided under the law. The period provided under the law for filing such an application has expired as the publication in the newspapers was affected on 9.1.2003. Under the law, the allegations made in the plaint shall be deemed to be admitted by the said defendants, thus in view of the dictum laid down by the apex Court of the country in the cases reported as Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited (PLD 1990 SC 497) and Messrs Qureshi Salt and Spices Industries, Khushab and another v.

4. Muslim Commercial Bank Limited, Karachi (1999 SCM R 2353), a decree for the recovery of Rs.141,444,133.52/- is passed in favour of the plaintiff Bank and against defendants Nos. 2, 3, 9 and 10 together with costs of the suit and costs of funds, as provided under Section 3(2) of the Ordinance, 2001.

5. ORDER (20.12.2002) This is a fresh suit. The same may be registered. Let summons, in Form-IV, Appendix-B to the Code of Civil Procedure, 1908, be served on the defendants through bailiff/process server as well as by registered post acknowledgement due, by courier and by publication in daily News' and 'Nawa-i-Waqt' Lahore, and Weekly Kehkashan' for 20.2.2003.

6. Necessary expenses shall be deposited within three days.

7. C.M. No. 858-B/2002 Notice for 16.1.2003. In the meantime, properties mortgaged by the defendants/respondents shall remain attached.

ORDER

8. Nobody has entered appearance to oppose this application, hence, the same is allowed.

2. C.M. Stands disposed of.