10/2009 I. A Syed Itrat Hussain Rizvi (Appellant) V/S M/s. Tameer Micro Finance & Ors (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 03-MAR-17
The appellant through present first appeal has challenged the Judgment and decree passed by the learned District Judge, Karachi (Central), in a summary chapter suit filed by respondent No.1 for recovery its amount against the appellant. In this case Section 3(2) of Microfinance Institution Ordinance 2001 and Order XXXVII of CPC were discussed. It was considered that in a summary suit under Order XXXVII of CPC, in which summons have been issued in Form No.4 Appendix B, the defendant is not entitled to appear or defend the suit as a matter of course unless he obtains leave from the Court so to appear and defend. In default of his obtaining such leave for his appearance and defence in pursuance thereof the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree. Section 3(2) of Microfinance Institution Ordinance 2001, was examined and it was observed that the Banking Companies Ordinance and any law for the time being in force relating to banking companies or financial institutions shall not apply to microfinance institutions licensed under the Ordinance. And microfinance institutions shall not be deemed to be a banking company for the purposes of the said ordinanceFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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