Law: Criminal Procedure Code (V of 1898)

Section: 10

Law: Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)

Section: 9(5),15,16(1)

JUDGMENT M. SOHAIL IQBAL BHATTI, J:- Through this appeal, the appellants have sought an exception to order dated 02.12.2013 passed by learned Judge, Banking Court-III, Lahore. 2. The facts of the case are that the appellants entered into an agreement to sell with respondents No.3 to 5 on 15.05.2002 in respect of the property which had already been mortgaged with respondent No.1/bank in consideration of certain finance facilities provided to respondents No.2 to 5. 3. Since respondents No.2 to 5 failed to fulfill their obligations towards respondent No.1, suit for recovery of Rs.81,47,171.11 was filed against respondents No.2 to 5 by respondent No.1 on 28.06.2003. The present appellants on the basis of agreement to sell dated 15.5.2002 filed an application under Order 1 rule 10 CPC which was accepted by the learned Judge, Banking Court-III, Lahore through order dated 24.11.2005. This order was challenged before this Court in Writ Petition No.244/2006 filed by respondents No.2 to 5 which was accepted and the order passed by the Banking Court-III, Lahore was set aside while declaring that the present appellants do not fall within the definition of "Customer". At this stage, it would not be out of place to mention here that the appellants deposited an amount of Rs.5.00 Million before the Banking Court and after acceptance of Writ Petition No.244/2006, the appellants filed an application under Section 151 CPC for the release/return of the amount which had already been withdrawn by respondent No.1/bank and subsequently on 18.05.2007, respondent No.1/bank deposited a pay order of Rs.5.00 Million with the Banking Court which amount was released in favour of the appellants. 4. The respondent No.1 on 14.11.2006 filed an application under Section 151 CPC read with Section 15 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 for delivery of possession of the mortgaged property. During the pendency of this application, the second application was filed by the appellants under Order 1 rule 10 CPC which was dismissed on 07.07.2008. The Order dated 07.07.2008 was challenged by the appellants in Writ Petition No.12329 of 2008. During the pendency of Writ…

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