23/2019 I. A Zahoor Ahmed & others (Appellant) V/S M/s. Al-Zamin Leasing Modraba & others (Respondent)

Sindh High Court2024

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial

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23/2019 I. A Zahoor Ahmed & others (Appellant) V/S M/s. Al-Zamin Leasing Modraba & others (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Omar Sial Order Date: 16-APR-24 The only ground which impressed the learned Banking Court was that apparently the registered instruments (subleases) were fictitious and forged. These are only words against words; it is only in response to 12(2) application that the banking Court found that the instruments are not genuine and fake. In all fairness this requires trial, more particularly when the registered instruments were obtained and/or executed much before equitable and registered mortgage of 2003; whereas the subleases of the appellants were apparently registered in the year 1998.
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