Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------Ss. 9, 10 & 22---Constitution of Pakistan, Art. 199---Constitutional petition--- Maintainability--- Suit for recovery of bank loan---Grant of leave to defend the suit---Petitioner bank was aggrieved by order passed by Banking Court, whereby unconditional leave was granted to respondent borrower to defend the suit---Validity---Constitutional petition was maintainable in exceptional circumstances, where petitioner could show blatant illegality in order, such that Banking Court did not follow expressed mandate of law or that Banking Court had exercised its powers outside the jurisdiction conferred; in such situation, in order to meet the ends of justice and to prevent gross miscarriage of justice constitutional petition was maintainable---Granting leave merely gave respondent borrower an opportunity to lead evidence to defend its case and no right of petitioner bank was prejudiced---Petitioner bank did not have open and shut case on the basis of which decree could be passed and that petitioner bank would have to prove its claim through evidence---In leave granting order entries relied upon by petitioner bank did not provide sufficient data to show that disbursement and utilization of finance had been made by respondent borrower---High Court did not find any illegality in leave granting order and it did not fall within the ambit of exceptions---Petition was dismissed in circumstances. Sheikh Abdul Sattar Lasi and another v. Judge Banking Court 2007 CLD 69; Messrs United Bank Ltd. through Authorized Attorneys v. Banking Court No.II and 2 others 2012 CLD 1556; United Bank Ltd. v. Presiding Officer, Banking Court No.2, Karachi and 6 others 2011 CLD 931; Agricultural Development Bank of Pakistan and others v. Yar Muhammad and others 2004 CLD 1084; Messrs Sajid Brothers and Co. through Proprietor and 2 others v. Manager, Allied Bank Limited and 8 others 2012 CLD 1858 and 2011 CLD 1571 ref. ORDER Through this petition the petitioner has impugned order dated 14-2-2013, passed by the learned Single Judge in Chamber. The impugned order has been passed under section 10 of the Financial…

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