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P L D 1997 KARACHI 62

ABDUL RAHIM AND 2 OTHERS

V/S

MESSRS UNITED BANK LTD OF PAKISTAN


Per Dr. Ghous Muhammad, J.

(d) Constitution of Pakistan (1973), Arts. 3,4 & 37
R/w S. 6(6) of Banking Tribunals Ordinance (LVIII of 1984)-

However, no such requirements have been spelt out as prerequisites to the exercise of powers under section 6(6) where the only excuse to order furnishing of security is delay of disposal beyond the stipulated time. In case delay is not attributable to the defendant-customer an exercise of such power under section 6(6) could also mean that the Tribunal or the counsel for the bank would be making the customer a scapegoat for their own follies.[p. 90] U.

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