Law:

Section:

(a) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 19 & 22---Civil Procedure Code (V of 1908), Ss. 47 & 152-- Execution of decree--- Executing Court, powers of--- Appellate jurisdiction of High Court---Scope---Execution petition filed by decree holder Bank included mark-up beyond the period of agreement-- Executing Court declined to interfere in decree passed in favour of Bank--- Validity---Executing Court could touch question of executability of decree and further if the decree was nullity in the eye of law or had been passed without jurisdiction, the Executing Court could adjudige the same while exercising jurisdiction under S.47, C.P.C.---Executing Court was competent to look into the matter agitated before it under S. 47, C.P.C. read with S.152, C.P.C. and High Court in appellate jurisdiction had ample power to correct the mistake or illegality committed by Trial Court/Executing Court---High Court set aside the order passed by Executing Court---Appeal was allowed in circumstances. Habib Bank Limited v. Mst. Parveen Qasim Jan and others 2014 SCMR 322; Fakir Abdullah and others v. Government of Sindh through Secretary to Government of Sindh, Revenue Department, Sindh Secretariat, Karachi and others PLD 2001 SC 131; Messrs A.Z. Company v. Messrs S. Maula Bukhsh Muhammad Bashir TED 1965 SC 505; Islamic Republic of Pakistan v. Muhammad Saeed PLD 1961 SC 192; Muhammad Sharif v. Jalaluddin 1971 SCMR 594; Raheel Ikhlas v. Messrs Citibank N.A. 2003 CLD 1599; National Bank of Pakistan v. Punjab Buildings Products Ltd. PLD 1998 Kar. 302; Zarai Tariqiati Bank Limited through Branch Manager v. Hassan Aftab Fatiana 2009 CLD 36; Muhammad Tariq v. Bank of Punjab and another 2004 CLD 162 and Mst. Shahista Bibi and another v. Superintendent, Central Jail, Mach and 2 others PLD 2015 SC 15 rel. (b) Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----S. 9--- Mark-up beyond expiry of contract--- Scope--- Banking Court is not competent to grant mark-up beyond expiry of period. Muhammad Tariq v. Bank of Punjab and another 2004 CLD 162 rel. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this appeal appellants have…

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