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    Procedure For Filing A Case in Banking Court in Pakistan.

    Uploaded by

    Hassan Khalil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Procedure For Filing A Case in Banking Court in Pakistan.

    Uploaded by

    Hassan Khalil
    5 views3 pages

    Original Title

    Procedure for Filing a Case in Banking Court in Pakistan.

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    Download as docx, pdf, or txt
    5 views3 pages

    Procedure For Filing A Case in Banking Court in Pakistan.

    Uploaded by

    Hassan Khalil

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Procedure for Filing a Case in Banking Court in Pakistan

    Introduction:

    Banking courts in Pakistan are specialized courts established to resolve banking disputes and
    recover debts. If you are a bank or financial institution seeking to recover a debt or a defendant
    facing a banking dispute, understanding the procedure for filing a case in banking courts is
    crucial.

    Here is a general procedure for applying in a banking court in Pakistan:

    Step 1: Pre-Litigation (Before Filing a Case)

     Send a legal notice to the defendant demanding payment or resolution of the dispute.
     Wait for the specified time (usually 14 days) for the defendant's response.

    Step 2: Filing the Case

     Prepare a plaint (complaint) stating the details of the dispute, amount claimed, and relief
    sought.
     Attach supporting documents (e.g., loan agreements, payment records).
     File the plaint with the appropriate banking court in the relevant jurisdiction.

    Step 3: Court Proceedings

     The court will issue a notice to the defendant, requiring a response (written statement)
    within a specified time.
     The plaintiff (bank or financial institution) may file a rejoinder to the defendant's written
    statement.
     The court may hold hearings, and both parties will present their arguments and evidence.
    Step 4: Judgment and Execution

     The court will deliver a judgment, either in favor of the plaintiff (ordering the defendant
    to pay the claimed amount) or the defendant (dismissing the case).
     If the judgment is in favor of the plaintiff, the court will issue a decree, which can be
    executed through various means (e.g., attachment of property, garnishment of accounts).

    Conclusion:

    Filing a case in a banking court in Pakistan requires careful preparation and adherence to legal
    procedures. Understanding these steps can help banks, financial institutions, and defendants
    navigate the process efficiently and effectively resolve banking disputes.

    Here are some examples of cases of banking courts in Pakistan:

    1. State Bank of Pakistan vs. XYZ Corporation (2020)

    The State Bank of Pakistan filed a case against XYZ Corporation for non-payment of a loan
    amounting to PKR 100 million. The banking court ruled in favor of the State Bank, ordering
    XYZ Corporation to pay the outstanding amount with interest.

    2. Bank Alfalah Limited vs. Muhammad Khan (2019)

    Bank Alfalah Limited filed a case against Muhammad Khan for defaulting on a personal loan of
    PKR 5 million. The banking court issued a decree in favor of the bank, allowing it to recover the
    amount through the attachment of Khan's property.
    3. MCB Bank Limited vs. ABC Trading Company (2018)

    MCB Bank Limited filed a case against ABC Trading Company for non-payment of a credit
    facility of PKR 20 million. The banking court ruled in favor of the bank, ordering the company
    to pay the outstanding amount with interest and costs.

    4. National Bank of Pakistan vs. Defaulter's Name (2022)

    National Bank of Pakistan filed a case against a defaulter for non-payment of a housing loan
    amounting to PKR 3 million. The banking court issued a decree in favor of the bank, allowing it
    to recover the amount through the sale of the defaulter's property.

    5. United Bank Limited vs. Small Industries Development Bank (2021)

    United Bank Limited filed a case against Small Industries Development Bank for non-payment
    of an inter-bank borrowing of PKR 500 million. The banking court ruled in favor of United
    Bank, ordering Small Industries Development Bank to pay the outstanding amount with interest.

    These examples illustrate common scenarios where banking courts in Pakistan intervene to
    resolve banking disputes and recover debts.

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