Law:

Section:

Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 9(5) & 12---Procedure of Banking Court---Service of notices on the defendants---Effective service in terms of S. 9(5) of Financial Institutions (Recovery of Finances) Ordinance, 2001---Scope---Setting aside ex parte decree of Banking Court---Limitation---Scope---Suit for recovery was decreed ex parte after the defendant failed to appear and file application for leave to defend before the Banking Court---Application of defendant to set aside ex parte decree was dismissed by Banking Court---Contention of defendant was that notices were not effectively served upon him in any of the modes provided under the law---Validity---Perusal of record revealed that the application of the defendant to set aside ex parte decree was time-barred by almost three years, and no plausible explanation had been provided by the defendant for the same---Before passing of the decree, the defendant was duly served through publication in two newspapers as required by S. 9(5) of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and also through bailiff, but neither the defendant nor his agent filed an application for leave to defend---Service had therefore been rightly effected upon the defendant by publication in two newspapers, which was to be deemed to be effective service---Defendant was therefore rightly proceeded against ex parte---Appeal was dismissed, in circumstances. Ameen Riaz and another v. Alzamin Leasing Modaraba and another 2009 CLC 661; Messrs Naqvi Developers and others v. Habib Bank Limited 2007 CLD 1194; Messrs Ahmad Autos and another v. Allied Bank of Pakistan Limited PLD 1990 SC 497 and Khawaja Muhammad Bilal v. Union Bank Limited through Branch Manager 2004 CLD 1555 rel. THIS ORDER PASSED BY: SHAHID KARIM, JUSTICE:---.--- Through this appeal, the Appellant has called into question order dated 23.11.2016 passed by the Respondent No.2 Judge Banking Court-II, Faisalabad, whereby the application of Appellant was dismissed and consequently through the impugned order warrant of arrest was issued against the Appellant/judgment debtor. 2. The learned counsel for the Appellant…

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