45/2022 Suit.B THE BANK OF PUNJAB (Plaintiff) V/S M/S HASCOL PETROLEUM LIMITED (Defendant)
Sindh High Court
Bench: Hon'ble Mr. Justice Jawad Akbar Sarwana(Author)
Order Date: 21-AUG-23
Condonation Application to allow Defendant Customer to file leave to defend application in Banking Suit allowed. Summons were defective, as Plaintiff Bank did not include the registered address of the Defendant Company in the title of the Plaint. Plaintiff relied on Musharaka Agreement which mentioned the previously registered address. Subsequently, Defendant Company notified the change of registered address to PSX, SECP and updated its website page. Defendant Customer did not notify Plaintiff Bank. Order 29 CPC mandatory. Registered Post Acknowledgment and Delivery Report of summons were not available. Bailiff, on his own volition, reached the registered address of Defendant Company. Publication of Summons alleged by Defendant was not in its knowledge. In the circumstances and based on case law, Defendant Condonation Application allowed and Leave to Defend taken on record with the same to be decided in accordance with law, including Plaintiff's right to file replication, if so desired.Full 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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