banking leave to defend

IN THE BANKING COURT NO.2 HYDERABAD SINDH
Suit No.         of 2011

Zarai Taraqiati Bank Limited        - - - - - - - - - - - - - - PLAINTIFF

V E R S U S

Ali Gohra            - - - - - - - - - - - - - - - - - - - - -DEFENDANT

APPLICATION FOR LEAVE TO DEFEND U/SEC: 10 OF
THE FINANCE INSTITUTION (ROF) ORDINANCE 2001
        The defendant named above respectfully submits the application for leave to defend the suit on the consideration of the following grounds: -
G R O U N D S
1-That, the suit is not maintainable and is liable to be dismissed.

2-That the plaintiff being the banking company incorporated under the companies act cannot claim interest/markup, in view of the fact that the interest has been declared illegal by the superior court of Pakistan.

3-That, the defendant being a agriculturist was in dire need of loan to develop agricultural land and purchased fertilizer for the same. It is undisputed fact that from the year 2000 till today, agricultural land of these districts due to non-availability of water with the resultant the loan could not be paid by the agriculturist.

4-  That, the government of sindh has time and again declared these districts calamity effected area, according to the



(2)
provision of the calamity effected act no recovery of loans land revenue, Ushr & Zakat is to be made from the growers of theses districts.

5- That government of sindh Revenue Department declared calamity affected area due to heavy storm/rain vide Notification No: DD(E&1) 40 /2007 Hyderabad dated 4.6.2007, due to that reason defendant could not deposit the installment(PS copy of said notification attached).
6-    That the government of Sindh Revenue Department gave remission to the flood affected area  vide Notification No:DD(E&1) 50/2004 Hyderabad dated 20.11.2004(PS copy attached)  hence defendant could not paid installment of  the loan.
That due to acute shortage of irrigation water since 2000, the defendant could not cultivate of agricultural land for that reason also not deposited installment of loan .
That due to heavy rain/storm totally agricultural     crops collapsed/ruined. Government of Sindh also     declared the year 2011 as calamity affected area. Hence     defendant could not deposited loan installment












P R A Y E R

In view of the legal & factual aspects, it is respectfully prayed that leave to defend may be granted in order to show this honourable court that firstly loan was for (4) years and not for one year and secondly due to calamity in these district the government had declared it as calamity effected area and the defendant suffered huge financial loss and therefore, the above application may be granted to enable the defendant to produced the evidence of the revenue authority that these district was calamity effected areas & land of defendant could not produced any single pai/paisa since 2000 till today.

That prayers is made in the interest of justice



Hyderabad
Dated:       -02-2012                     DEFENDANT

                                                  IDENTIFIED BY ME



ADVOCATE FOR DEFENDANT

(3)
V E R I F I C A T I O N
        I Ali Gohar S/o Allah Bux male muslim adult R/o Village Nau Wango P.O Kaloi Deh Dhodharo Taluka Deeplo District Mithi at present at Hyderabad the defendant herein the above Suit, do hereby state on solemn affirmation on oath that whatever stated above is true and correct to the best of my knowledge and belief.


D E P O N E N T



        The deponent above named is known to me and is identified by me to the Commissioner for taking affidavits.


A D V O C A T E


        Solemnly affirmed before me at Hyderabad on this    th  day of         2012  by the deponent above named who is identified to MR. MOHAMMAD RAFIQUE JAGSI Advocate, who is known to me.




COMMISSIONER FOR TAKING AFFIDAVITS






IN THE BANKING COURT NO.2 HYDERABAD SINDH

Suit No. 109 of 2011


Zarai Taraqiati Bank Limited        - - - - - - - - - - - - - - PLAINTIFF


V E R S U S

Abdul Shakoor        - - - - - - - - - - - - - - - - - - - - -DEFENDANT



APPLICATION FOR LEAVE TO DEFEND U/SEC: 10 OF
THE FINANCE INSTITUTION (ROF) ORDINANCE 2001


        The defendant named above respectfully submits the application for leave to defend the suit on the consideration of the following grounds: -
G R O U N D S
1-        That, the suit is not maintainable and is liable to be dismissed.

2-        That the plaintiff being the banking company incorporated under the companies act cannot claim interest/markup, in view of the fact that the interest has been declared illegal by the superior court of Pakistan.

3-        That, the defendant being a agriculturist was in dire need of loan to develop agricultural land and purchased fertilizer for the same. It is undisputed fact that from the year 2000 till today, agricultural land of these districts due to non-availability of water with the resultant the loan could not be paid by the agriculturist.

4-           That, the government of sindh has time and again declared these districts calamity effected area, according to the

(2)
provision of the calamity effected act no recovery of loans land revenue, Ushr & Zakat is to be made from the growers of theses districts.

    That government of sindh Revenue Department declared     calamity affected area due to heavy storm/rain vide     Notification No: DD(E&1) 40 /2007 Hyderabad dated 4.6.2007, due to that reason defendant could not deposit the installment(PS copy of said notification attached).

That the government of Sindh Revenue Department gave remission to the flood affected area  vide Notification No:DD(E&1) 50/2004 Hyderabad dated 20.11.2004(PS copy attached)  hence defendant could not paid installment of  the loan.

That due to acute shortage of irrigation water since 2000, the defendant could not cultivate of agricultural land for that reason also not deposited installment of loan .

That due to heavy rain/storm totally agricultural crops collapsed/ruined .Government of Sindh also declared the year 2011 as calamity affected area. Hence defendant could not deposited loan installment.



   







P R A Y E R
In view of the legal & factual aspects, it is respectfully prayed that leave to defend may be granted in order to show this honourable court that firstly loan was for (4) years and not for one year and secondly due to calamity in these district the government had declared it as calamity effected area and the defendant suffered huge financial loss and therefore, the above application may be granted to enable the defendant to produced the evidence of the revenue authority that these district was calamity effected areas & land of defendant could not produced any single pai/paisa since 2000 till today.

That prayers is made in the interest of justice

Hyderabad

Dated:       -02-2012                  D E F E N D A N T





ADVOCATE FOR DEFENDANT

(3)
V E R I F I C A T I O N
        I Abdul Shakoor S/o Dost Mohammad male muslim adult R/o Village Nau Wango P.O Kaloi Deh Dhodharo Taluka Deeplo District Mithi at present at Hyderabad the defendant herein the above Suit, do hereby state on solemn affirmation on oath that whatever stated above is true and correct to the best of my knowledge and belief.

D E P O N E N T

        The deponent above named is known to me and is identified by me to the Commissioner for taking affidavits.

A D V O C A T E
        Solemnly affirmed before me at Hyderabad on this    th  day of         2012  by the deponent above named who is identified to MR. MOHAMMAD RAFIQUE JAGSI Advocate, who is known to me.

COMMISSIONER FOR TAKING AFFIDAVITS