Application for Leave to Defend (Banking Court)

IN THE BANKING COURT, district

Suit No. case_number of year

plaintiff_name ... Plaintiff

VERSUS

defendant_name, son/daughter of defendant_father, resident of defendant_address ... Defendant

APPLICATION FOR LEAVE TO DEFEND UNDER SECTION 10 OF THE FINANCIAL INSTITUTIONS (RECOVERY OF FINANCES) ORDINANCE 2001

The Defendant respectfully submits:

1. The Defendant received summons in this suit on summons_date, and this application for leave to defend is filed within days_elapsed days, well within the prescribed time limit under Section 10 FIRO 2001.

2. The Plaintiff has invoked the jurisdiction of the Banking Court claiming recovery of Rs. claimed_amount for alleged default in finance_facility_type.

3. Section 10 FIRO 2001 requires the defendant to apply for leave to defend and disclose disclosure_requirement.

4. There exist substantial questions of law in the present case. legal_ground_1 This raises a fundamental question concerning issue_1.

5. legal_ground_2 Such a question, if adjudged, would substantially affect the rights of the Defendant.

6. Additionally, there exist substantial questions of fact. factual_ground_1.

7. factual_ground_2. These facts can only be properly adjudicated after cross-examination and full investigation.

8. The Defendant has defenses_summary. These defenses cannot be determined without a full trial.

9. The Defendant has additional_circumstance, which justifies a full hearing on the merits.

10. In the interests of justice, the Defendant is entitled to a full trial where both the legal and factual issues can be properly ventilated.

PRAYER

It is, therefore, prayed that this Court may be pleased to:

(a) Grant leave to the Defendant to defend the suit;

(b) Direct that the suit proceed to regular trial;

(c) Direct the Defendant to furnish security of Rs. security_amount within security_period days; and

(d) Pass such other order as may be deemed just and proper.

VERIFICATION

Verified on oath at verification_place on this _____ day of _____, year, that the contents of the above application are true and correct to the best of my knowledge and belief.

_____________________________ defendant_name Defendant Date: ______________ Through: _____________________________ counsel_name Advocate for the Defendant