Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 19 & 22---Civil Procedure Code (V of 1908), S.12(2)---Suit for recovery of bank loan---Execution without intervention of court---Suit was decreed in favour of bank by Banking Court on the basis of agreement between the parties---Bank initiated execution proceedings under S.19 of Financial Institutions (Recovery of Finances) Ordinance, 2001, against debtors---Appellant contested execution of the decree on the ground that debtors were not the owners of property under execution---Validity---As a ploy to defeat the decree and proceedings initiated by bank under S.19 of Financial Institutions (Recovery of Finances) Ordinance, 2001, appellant filed applications, all of which were dismissed by Banking Court by observing that earlier in time, the same advocate who had preferred applications on behalf appellant, also moved similar applications on behalf of some other person and that such applications had been dismissed by Banking Court with cost---Banking Court also dismissed the application on the ground that appellant had already preferred civil suit without impleading bank therein and by misrepresentation and twisting of facts ex parte injunction order was obtained, without disclosing that appellant or some other person was not the owner of the property---Civil suit in respect of property in question was pending adjudication before High Court, wherein bank had also made its appearance (by filing application under O.I, R.10, C.P.C.) and injunctive order against the bank and debtors who were operating in the civil suit in favour of appellant in respect of property in question--- All allegations on either end would be looked into and thrashed out vis-a-vis title of the property through evidence therein, therefore, High Court declined to interfere in the order passed by Banking Court---Appeal was dismissed in circumstances. ORDER SALMAN HAMID, J.---Muhammad Hafeez, son of Atta Muhammad, (the Appellant) filed present First Appeal under the provisions of section 22 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (2001 Ordinance), after Order dated 9-7-2011 (Impugned…

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