Limitation—Failure to seek condonation of delay

 

2020 C L D 129
[Sindh]

Banking Court rightly did not consider delay in filing of suit to be justified

Limitation Act (IX of 1908), Art. 120—Suit for recovery of finance—Limitation—Failure to seek condonation of delay—Plaintiff Bank was aggrieved of dismissal of suit by Banking Court on ground that it was beyond limitation—Validity—No application for seeking discretionary relief was preferred by plaintiff Bank before Banking Court—Banking Court rightly did not consider delay in filing of suit to be justified—Plaintiff Bank had opportunity to seek condonation of delay from Banking Court under S. 24(2) of Financial Institutions (Recovery of Finances) Ordinance, 2001 however, it demonstrably failed to do so—High Court declined to interfere in order passed by Banking Court as same was elaborative of reasoning relied upon to arrive at conclusion stipulated therein and plaintiff Bank was unable to demonstrate any infirmity—Appeal was dismissed in circumstances.

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