Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)-------S. 27, proviso--- Interpretation--- Correction of typographical or clerical errors---Scope---Phrase "clerical or typographical error", connotation---Suit for recovery was decreed by Banking Court---Application of the plaintiff-Bank under S.27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 for modification of the decree, in relation to the calculation of markup and amount recoverable, was dismissed---Contention of the plaintiff Bank was that the term "clerical mistake" had a wide connotation and covered the situation of the present case---Validity---Perusal of the of Banking Court revealed that the Banking Court gave its after due consideration of arguments and there was no cavil about the same and even while deciding the application of the plaintiff-Bank under S.27 of the Ordinance, the court reconfirmed its earlier decision---Findings of the Banking Court, could be challenged through appeal but the same did not give any impression of any omission or clerical error---Clerical error meant omission of a kind which if corrected did not change the effect of the main order and if a correction of any error ended, increased or reduced liability, the same would amount to review of , which was not covered under S.27 of the Ordinance---Enhancement of liability could not be done through "correction of typographical error" or omission or typographical mistake---Review, revisiting or correction of an error, which changes the fate of the and decree was beyond the scope of S.27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001, which had a very restricted application---Appeal was dismissed. Aisha and others v. Molvi Abdul Sattar 2005 CLC 296; Crown v. Habibullah and others PLD 1952 Lah. 587; Bank Al-Falah Ltd. v. Messrs Bilal Spinning Mills Ltd. and another 2005 CLD 206 and Shaikh Kamran Maqbool v. Bolan Bank Limited through Manager and another 2006 CLD 163 ref. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 27, proviso--- Finality of order--- Correction of typographical or clerical errors---Scope---Review or…

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