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

Section: 2,7(2),9,9(5),10(1),10(6),22,27

Law: Civil Procedure Code (V of 1908)

Section: 7(2)

THIS JUDGMENT DELIVERED BY: SHAMS MEHMOOD MIRZA, JUSTICE:---.--- This Bench was constituted to render judgment, inter alia, on the question whether the banking court as defined in section 2 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 (the Ordinance) has the jurisdiction to restore a suit which was dismissed for non-prosecution. This judgment shall also decide the following cases as similar question of law has been raised therein:- (1) FAO No. 99 of 2017 (2) FAO No. 23693 of 2017 (3) CM No. 68-B of 2017 in COS No. 44 of 2013 2. For facility of reference order dated 14.03.2017 passed by a learned Division Bench of this Court requesting the Hon'ble Chief Justice to form a full bench is reproduced hereunder: First legal question involved in this case is whether Banking Court has jurisdiction to restore the suit which was dismissed for non-prosecution. Secondly whether restoration of suit by Banking Court will be in exercise of independent power under Order IX Rule 9 CPC or it will amount to review which is specifically barred under section 27 of the Financial Institutions (Recovery of Finances) Ordinance, 2001. 2. We have noted that there are conflicting views of the learned Division Benches of this Court on these propositions of law. In unreported judgments delivered by this Court in FAO No.455/2013 titled HBL vs. Youhan Sports etc. followed in FAO No. 06/2017 titled Ghulam Haider vs. Punjab Provincial Cooperative Bank etc., the view is that restoration of suit will amount to review of the order, therefore, such power is not available with the Banking Court. However, in the judgments reported in MCB Bank Limited vs. Messrs Baiga Paints through Proprietor and 3 others (2008 CLD 341), United Bank Limited vs. Messrs Khawaja Radio House through Proprietor and 2 others (2004 CLD 1609) and Standard Chartered Bank (Pakistan) Limited vs. Arshad Ali and another (2014 CLD 191), the view expressed by Division Benches of this Court is that Banking Court can restore the suit which was dismissed for non-prosecution. 3. In view of above conflicting views on the same issue, it is appropriate that in line with law laid down by august Supreme Court, in…

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