| Citation(s) |
|---|
| 2002 SLG 2275 2002 SLD 2275 2002 CLD 1663 |
Lahore High Court
Writ Petition No.23531 of 1998, heard on 27-03-2001.
MALIK ABDUL QAYYUM, J
Fazal e Miran Chauhan for Petitioners. Nemo for
Respondents Nos. 1, 3 and 4. Hassan Nawaz Makhdoom for
Respondent No. 2.
Writ Petition No.23531 of 1998, heard on 27-03-2001.
MALIK ABDUL QAYYUM, J
Fazal e Miran Chauhan for Petitioners. Nemo for
Respondents Nos. 1, 3 and 4. Hassan Nawaz Makhdoom for
Respondent No. 2.
MUHAMMAD UMAR TARAR and others ers
VS
. JUDGE BANKING COURT No. II, Lahore High Court and another --Respondents
Law:
Section:
Banking Tribunals Ordinance (LVIII of 1984) Ss.4 & 6(6) Constitution of Pakistan (1973), Art.199 ¬Constitutional petition Execution of decree Banking Tribunal passed decree on 23 11 1992 Judgment debtor did not file appeal against decree till 1993; but filed Constitutional petition High Court disposed of Constitutional petition by virtue of rendered in the case of M/s. Chenab Cement Products. (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah.672 with observations that its decision would not affect s and decrees, which had become final Bank thereafter applied for execution of decree Banking Tribunal repelled the debtor's objection to the effect that decree stood set aside by virtue of said decision of High Court Judgment debtor further contended that as appointment of Presiding Officer, who passed the decree, was found to be un Constitutional, thus, the decree was void and incapable of being acted upon Bank referred to of Supreme Court passed in the case of Soneri Bank Limited v. Raja Weaving Mills Limited and another KLR 1997 Civil Cases 742, wherein Supreme Court denied relief to petitioner, who had not challenged the decree passed against him High Court dismissed the Constitutional petition as having no force. Messrs Chenab Cement Products (Pvt.) Ltd. and others v. Banking Tribunal, Lahore and others PLD 1996 Lah.672; E.F.A. No. 113 of 1998 and Soneri Bank Limited through Mian Abdul Wajid, E.V.P. and another v. Raja Weaving Mills Limited and another KLR 1997 Civil Cases 742 ref. JUDGMENT In the present case respondent No.2, Muslim Commercial Bank Limited, filed a suit for recovery of money against the petitioner and respondent No.3, which was decreed by the Banking Tribunal on 23-11 1992. The common ground between the parties is that this judgment was not appealed against nor challenged till the year 1993 when the petitioner filed a writ petition which came up for hearing alongwith a number of cases before the Full Bench of this Court, which vide judgment dated 21 7 1996 M/s. Chenab Cement Products v. Banking Tribunal' PLD 1996 Lah. 672 accepted the Constitutional petition and declared certain provisions of the Banking Tribunals…
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