| Citation(s) |
|---|
| 2017 SLG 2971 2017 SLD 2971 2017 CLD 1657 |
Lahore High Court
F.A.O. No. 85 of 2013, decided on 21st February, 2017.
SHAMS MEHMOOD MIRZA, JUSTICE, ABDUL SATTAR, JUSTICE
Sohail Ahmad Janjua for Appellant. Muhammad Saleem Iqbal for
Respondent.
F.A.O. No. 85 of 2013, decided on 21st February, 2017.
SHAMS MEHMOOD MIRZA, JUSTICE, ABDUL SATTAR, JUSTICE
Sohail Ahmad Janjua for Appellant. Muhammad Saleem Iqbal for
Respondent.
PETITIONER(S): MESSRS ARBAB COTTON INDUSTRIES AND OIL MILLS THROUGH MANAGING PARTNER
VS
RESPONDENT(S): NATIONAL BANK OF PAKISTAN THROUGH BRANCH MANAGER
Law: Financial Institutions (Recovery of Finances) Ordinance, 2001
Section: 12,9,22
Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001)--- ----Ss. 12, 9 & 22---Procedure of Banking Court---Power to set aside decree---Setting aside of ex parte decree of Banking Court under S. 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001---Scope---Ex parte and decree, in a suit for recovery, passed on merits could not be set aside under S. 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 and only remedy available in such a situation was filing of appeal against said and decree---Application for setting aside ex parte decree under S. 12 of the Financial Institutions (Recovery of Finances) Ordinance, 2001 in such circumstances, was not maintainable. Mst. Tahira Yasmeen and another v. Muslim Commercial Bank through Branch Manager and 6 others 2005 CLD 927; Messrs Sahib Gas Ways through Partner and 4 others v. The Bank of Punjab THIS ORDER PASSED BY: ABDUL SATTAR, J.---Through this first appeal against order, the appellant seeks setting aside of impugned order dated 04.04.2013 passed by learned Judge Banking Court-I, Multan, whereby the said court refused to set aside ex parte and decree dated 07.09.2009. 2. Brief facts of the case are that respondent bank filed a recovery suit for sum of Rs.2,42,60,302/08 against the appellant before learned Judge Banking Court-I, Multan and the appellant after putting up appearance filed an application for leave to contest the suit, which was not pursued and dismissed for want of prosecution and thereafter the suit was eventually decreed ex parte against the appellant vide and decree dated 07.09.2609. The appellant filed an application before the Banking Court for setting aside ex parte and decree dated 07.09.2009 and restoration of the application for leave to contest the suit, which was however, dismissed by the learned Judge Banking Court-I, Multan vide order dated 04.4.2013. Hence, this appeal. 3. Learned counsel for the appellant has argued that the impugned order is against law…
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