15/2017 Suit.B National Bank of Pakistan (Plaintiff) V/S Pakistan Textile City Limited & others (Defendant)

Sindh High Court2020

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author)

15/2017 Suit.B National Bank of Pakistan (Plaintiff) V/S Pakistan Textile City Limited & others (Defendant) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan Iqbal Chaudhry(Author) Order Date: 22-APR-20

1. Notwithstanding the failure of the defendant to comply with conditions of a leave application, the Court is still required to apply its mind to the case of the plaintiff before passing any order/judgment. Leave granted where statement of account incomplete. 2. Notwithstanding the creation of a mortgage, the mortgagor remains liable to the lessor for any breach or non-performance of the conditions of lease; and that if the lessor forfeits the lease, the remedy of the mortgagee is against the mortgagor for indemnification, and not against the lessor. The security of the mortgagee in the mortgaged property can be no better than the interest given to the mortgagor by the lease.

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15/2017 Suit.B National Bank of Pakistan (Plaintiff) V/S Pakistan Textile City Limited & others (Defendant)

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