MST. KANIZ BIBI Versus THE MUSLIM COMMERCIAL BANK LIMITED

JAWWAD S.KHAWAJA, J.‑ ‑‑This appeal impugns the order dated 7‑12‑1993 passed by the learned Presiding Officer of the Banking Court. According to the said order, the application of the appellant/ defendant seeking leave to appear and defend, was dismissed solely on the ground that a sum of Rs.20,000 which was required to be deposited by the appellant, had not been so deposited.

2. Learned counsel for the appellant has pointed out that any condition, which was imposed on the applicant, could only have been so imposed after hearing the appellant. He further contends that the requirement of deposit of Rs.20,000 as a condition precedent to the hearing of the applicant's application, was wholly without legal warrant. This does appear to be correct. The application submitted by the applicant, as such, could not have been dismissed on the ground that the amount of Rs.20,000 ordered to be deposited, had not been so deposited by the appellant.

3. In view of the above discussion, this appeal is allowed. As a result, the impugned judgment and decree are set aside. The application of the appellant/defendant seeking leave to appear and defend, shall be deemed to be pending before the competent Banking Court.

4. The office shall ensure that the record of the case is sent back to the learned Banking Court within a fortnight from today.

S.A.K./K‑100/L Case remanded.