LAHORE: The Lahore High Court dismissed an appeal against the decision of a banking court and held that service on the last known address is to be treated as proper service and the party, who has changed its address, cannot take the benefit of change of address to call in question orders passed against it.
The court observed that the applicant had to show from the record that the change of address was duly communicated by it to the bank well within time and that too before proceedings were initiated for recovery of finance by filing a suit in the court against it.
The court said in the present case such obligation was not discharged as change of address was not conveyed and such omission on the part of appellants was fatal and they were to suffer from such omission and now cannot claim setting-aside of decree.
The court further observed that the service through any mode of service provided in the Financial Institutions (Recovery of Finances) Ordinance, 2001 (FIO,2001) is deemed to be proper service of the parties and in the present case appellants having been served through publication in newspaper cannot claim that they were not properly served.
The court passed these observations in a petition of M/s. Agmore International (Pvt.) Limited and others and said this court is not inclined to interfere in the well founded order passed by the banking court.
The appellants had called in question the order passed by a judge banking court Lahore, whereby the application filed by the appellants under Section 12 of the FIO, 2001 read with Section 12 (2) of the C.P.C for setting aside ex-parte judgment and decree had been dismissed.
Copyright Business Recorder, 2022
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