Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 10(11)---Words "forthwith" and "shall"---Object, scope and purpose---Words "forthwith" and "shall" used in S.10(11) of Financial Institutions (Recovery of Finances) Ordinance, 2001, cast a duty upon Banking Court to decree suit in favour of plaintiff against defendant immediately, when defendant's application for leave to defend is rejected or where a defendant fails to fulfil conditions attached to grant of leave to defend---Object of inserting S.10(11) in Financial Institutions (Recovery of Finances) Ordinance, 2001, is not to cause prejudice to any party but is to provide expeditious and equitable relief in banking suits to plaintiff after dismissal of defendant's application for leave to defend. Black's Law Dictionary (Seventh Edition); Chambers 21st Century Dictionary (1996 Edition); K. J. Aryer's Judicial Dictionary (A complete Law Lexicon) Thirteenth Edition; P. Ramanatha Aiyar's Advanced Law Lexicon (3rd Edition, Volume 2) D-I 2005; Words and Phrases (Permanent Edition) Volume 17; Apollo Textile Mills Ltd. and others v. Sonery Bank Ltd. 2012 CLD 337; Mrs. Jawahar Afzal v. United Bank Limited 2003 CLD 119; Khawaja Muhammad Bilal v. Union Bank Limited 2004 CLD 1555 and Habib Bank Limited v. Messrs SABCOS (Pvt.) Ltd. 2006 CLD 244 rel. (b) Administration of justice--- ----Where any statute provides a procedure for doing a thing in a particular manner that thing should be done in that particular manner and in no other manner. (c) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9 & 10--- Constitution of Pakistan, Art. 199---Constitutional petition---Consolidating of suits---Leave to defend, refusal of---Two suits were pending before Banking Court, one filed by bank and the other filed by one of the defendants, after refusal of leave to defendants in suit filed by bank, Banking Court allowed application of defendant and consolidated both the suits---Plea raised by bank was that both the suits could not be consolidated---Validity---Dismissal of application for leave to defend the suit meant that accounts between parties could be settled…

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