Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 22---Civil Procedure Code (V of 1908), Ss. 96, 115, O.XXXIX, Rr.1, 2 & O.XLIII, R.1---Interlocutory order---Appeal---Maintainability---Civil Procedure Code, 1908---Applicability--- Scope--- Appellant sought interim injunction under O.XXXIX, R.1 and 2 C.P.C., which application was dismissed by Banking Court-­--Appellant assailed the order of Banking Court before High Court in appeal under O.XLIII, R. 1(r), C.P.C.---Validity---Financial Institutions (Recovery of Finances) Ordinance, 2001, was a special statute and Civil Procedure Code, 1908, even if its provisions were not specifically ousted by any section of the Ordinance the same was still a general law so far as banking matters were concerned---Prima facie, the provisions of S. 22 of Financial Institutions (Recovery of Finances) Ordinance, 2001, would prevail over the general law and sections providing for appeals and revisions under Civil Procedure Code, 1908, including O.XLIII, R. 1(r), S. 115 and S. 96, C.P.C.---If there was a bar for filing an appeal against an interlocutory order under S.22(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, then it could not be circumvented by filing appeals or revisions under the provisions of Civil Procedure Code, 1908, even if orders of Banking Court had been made on application filed under any provision of Civil Procedure Code, 1908---High Court declined to circumvent the bar provided under S.22(6) of Financial Institutions (Recovery of Finances) Ordinance, 2001, by filing revision under S.115, C.P.C. or appeal under O.XLIII, R.1(r), C.P.C. or under any of the provisions and such revision or appeal were not maintainable---Appeal was dismissed in circumstances. Ms. Afshan Ahmed v. Messrs Habib Bank Limited and another 2002 CLD 137; Habib Bank Limited v. Messrs Indus Lenentose (Pvt.) Ltd. and others 2003 CLD 1788; Pakistan Fisheries Ltd. v. United Bank Ltd. PLD 1993 SC 109; Tri-Star Polyster Limited v. City Bank 2001 SCMR 410; Pakistan Industrial Credit and Investment Corporation Limited, Peshawar Cantt. and others v. Government of Pakistan through Collector Customs,…

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