Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 27, proviso---Constitution of Pakistan, Art. 199---Constitutional petition---Arithmetical mistake---Decretal amount, enhancement of-- Plea raised by plaintiff Bank was that order, which enhanced decretal amount was not an arithmetical mistake--- Validity---Mistake alleged by plaintiff Bank was not dilated upon and Banking Court was bound to find out the nature of mistake first before giving its finding on law--­Non-exercise of jurisdiction was a material irregularity which could be corrected in exercise of constitutional jurisdiction---High Court set aside the order in question and remanded the matter to Banking Court for deciding the application afresh---Petition was allowed accordingly. Askari Commercial Bank Limited through Authorized Signatory v. Messrs Bake Line Products through Partners and 5 others 2013 CLD 836 ref. ORDER SHAHID JAMIL KHAN, J.---Petitioner has challenged order dated 24-5-2013 passed by Judge Banking Court No.I, Multan whereby an application under proviso to section 27 of Financial Institutions (Recovery of Finances) Ordinance, 2001 ("Ordinance 2001") was dismissed relying on certain judgments by this Court. 2. Learned counsel for petitioner has assailed the findings that an order which enhances the decretal amount, is not an arithmetical mistake and that the word "arithmetical mistake" was purposely omitted by a legislature from proviso to section 27 of the Ordinance. 3. Learned counsel for respondents Nos. 2 and 3 has vehemently…

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